Terms & Conditions
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change.
Web Site Intended Audience
This website is intended for visitors from the United States. The Web Site is not intended for any children under the age of 13. You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Site. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Site. If you are under 13 years old, you may browse our Site. However, you may not provide personal information to us nor register on the Site. This Site is not directed to children under 13 years old. By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SITE.
Introduction
This website, www. Ferskov.com (the “Website”), is intended to provide information and products for individuals looking for Ferskov products. This Website is provided to you, and if you are a minor, also to your parents or legal guardians (collectively, “you” or “your”), under these “Terms of Use” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by Ferskov. (“Ferskov ” “we,” “us”) from time to time. Your use of this Website, including the Ferskov Complete Shop System Store, informational materials or any other services provided through the Website, shall be deemed to constitute your consent to be bound by the terms and conditions of the Agreement and shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you do not use the Web Site or order any items from it.
We will use the information you provide to process and ship your orders (including disclosing your name and address to fulfillment houses and delivery services); to contact you about the status of your orders; create an account for later use so that you do not need to re-enter the information for each subsequent order; and as otherwise indicated by our site’s Privacy Policy.
Modification or Suspension of the Web Site
You agree that Ferskov may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Ferskov will not be liable for the consequences of doing so.
Modifications to the Agreement
Ferskov may make changes to the Agreement from time to time in its sole discretion, by updating this posting on this Website, and specifying the effective date of the new version of the Agreement. Each time changes are made to the Agreement, notice of these changes will be posted on the home page. The “Last Modified” date at the top of these Terms of Use. will indicate when the latest changes were made. Your continued use of the Website, including but not limited to the Ferskov Complete Shop Therapy System Store, following the posting of a new version of the Agreement constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Ownership
The Website is owned by Ferskov. All rights, title, and interest to the content displayed on the Website (excluding User Content), including but not limited to the Website’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Ferskov or its partners, agents or third parties.
Information Disclaimer
THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) ON THE WEBSITE IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
FERSKOV AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEBSITE. WHILE FERSKOV STRIVES TO KEEP THE INFORMATION ON THE WEBSITE ACCURATE, COMPLETE, AND UP-TO-DATE, FERSKOV CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION ON THE WEBSITE.
Disclaimer of Warranties; Limitation of Liability
THE SITE IS PRESENTED “AS IS.” NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, 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.
FERSKOV DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. FERSKOV MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL 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, LOSS, THEFT, 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. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU 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. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FERSKOV OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL FERSKOV, ITS SUPPLIERS OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES
Privacy
The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy and Legal Notice. That Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information. Please review the Privacy Policy before you use the Website. If you are unwilling to accept the terms and conditions of the Privacy Policy, we ask that you not use the Website or post or order any items from it.
Data safety and Collections
Ferskov apps and derivative do not collect nor share your information, to any party’s. the registration and sing in details, are a basic standard requirement to validate your entry to the system, Ferskov LLC does not store your information.
Accuracy of Information
We attempt to be as accurate as possible when describing our products on the Site; however, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
This Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
Purchasing Items on Ferskov
Ferskov attempts to describe the items available on the website as accurately as possible, and depict the most up-to-date product packaging available. Ferskov does not warrant that product descriptions are accurate, complete, reliable, current, or error-free, or that product packaging depicted on the site will match the actual product that you receive. If a product described on the website is not as described when you receive it, or the packaging on the site does not match the product you receive, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Returns Policy, which is listed in the website under Customer Service.
Order Acceptance and Shipment
Your placement of an order does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, we will promptly locate the item(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your item within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action.
Pricing Errors and Omissions
Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on the Web Site and when errors are discovered, we will correct them. Be advised that Ferskov reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions, including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email or other communication method if your order has been canceled.
Risk of Loss
All items purchased from the Web Site are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier. Return Policy You may return items to the Web Site in accordance with our Returns Policy as listed in the Web Site under Customer Service.
Indemnification
You agree to indemnify and hold harmless Ferskov, its directors, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Web Site; information you submit or transmit through the Web Site; your breach of this Agreement; and your connection to the Web Site. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Disputes
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in New York and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we 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 under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitratio
In 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. You agree that you will not file or participate in any form of class action against us.
Termination
You agree that Ferskov may, in its sole discretion, and at any time, terminate your use of the Web Site, without prior notice to you, for any reason that Ferskov, in its sole discretion, deems appropriate. You further agree that Ferskov will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Indemnification, Disclaimer of Warranties, Limitation of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against Ferskov
You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law
The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of New Jersey, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Ferskov and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New Jersey, and you agree to submit to the personal and exclusive jurisdiction of such courts.
Products and Services for Personal Use
The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
Compliance with Laws
You agree to comply with all applicable local laws regarding your use of the Website, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
Limited Licenses; Use Restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of the Site. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Site: frame or utilize framing techniques to enclose the Site or any portion thereof; use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Site, Content (except caching or as necessary to view the Site), or the personal information of others without our prior written permission or authorization; make any use of the Site or any Content other than for personal use; modify, reverse engineer or create any derivative works based upon the Site or any Content; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; intentionally violate any applicable local, state, national or international law; transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site; and/or engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” We also grant you a limited, revocable, non-transferable, and non-exclusive 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 we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Site other than the home page. We may, in our 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 us to resume linking.
Your Obligations and Responsibilities
By accessing or using the Site or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Site. You agree that when accessing or using the Site or any Content, you will act 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 may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in 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 us, our parents, subsidiaries, affiliates, partners or licensors.
Third Party Links
The Website may provide links to other sites and/or resources, including advertisers, over which Ferskov has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Ferskov of content, items, or services on those third-party Websites. You access and use such sites, including the content, items or services on those sites, solely at your own risk. Ferskov makes no representations or warranties with respect to the content, ownership, or legality of any such linked Websites. You agree that Ferskov has no responsibility or liability for the availability of such external sites or resources, or for the content, advertising, products, or other materials available through such sites or resources. Once you leave this Website via a link to another website, you will be subject to the Privacy Policy and the Terms of Use of such other website.
We are not responsible for the content of any third party sites even if they are linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parents, subsidiaries, affiliates or partners of the referenced content, product, service, or supplier. You use and access of these third party websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of the third party websites or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such websites, including without limitation, their privacy policies and terms and conditions. You should carefully review the privacy policies and terms and conditions of the third party websites you visit.
Electronic Communications
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Special Features, Functionality and Events
The Site may offer certain special offerings or events (such as contests, sweepstakes or other offerings) which may be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions. If you choose to take advantage of these offerings, you agree that your use of those offerings may be subject to such additional or separate terms of use, rules and/or policies.
User Content
When you transmit, upload, post, e-mail, share, distribute, reproduce or otherwise make available suggestions, ideas, inquiries, feedback, data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. You hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, and otherwise exploit such User Content throughout the world, in all media now known or hereafter developed, for any purpose whatsoever, including without limitation, developing, manufacturing, distributing and marketing products.
You represent and warrant that you own or otherwise control the rights to your User Content. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing, sharing, distributing, reproducing, or otherwise making available User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, fraudulent, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
We are in no way responsible for examining or evaluating User Content, nor do we assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
Protection of Intellectual Property Rights and License
You acknowledge that content available through the Web Site, including without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Ferskov herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including without limitation, any software) available through the Web Site. You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy and print content retrieved from the Web Site for the sole purpose of placing an order via the Web Site or using the Web Site as a shopping and education resource, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy or use the content obtained through the Web Site in any other way or for any other purpose. You may not copy, reprint, modify, distribute, or sell content retrieved from the Web Site in any way, for any commercial use or provide it to any commercial source, including other web sites, regardless of whether you receive compensation, without the prior written permission of Ferskov. You may not frame any trademark, logo, or other proprietary information on this Web Site without the express written consent of Ferskov. Except as expressly provided in this Agreement, nothing contained in this Agreement or on the Web Site shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Ferskov ‘s Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
Trademark Notices and Copyrights
Ferskov. All other trademarks and service marks displayed on the Website and photographic material, and audiovisual are the property of Ferskov or their respective owners. You may not use or display any trademarks or service marks owned by Ferskov LLC without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Notice and Procedure for Making Claims of Copyright Infringement
Ferskov asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, J. Notices of claimed copyright infringement. who can be reached through the “Contact Us” section of this website, located here, if filled out further to the process outlined in paragraphs 1-6 below, via the phone numbers listed on our Contact Us page, and/or via a letter following address: Copyright Complaint c/o Consumer Care Center, 244 Fifth Ave. suite 2434. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Ferskov Copyright Agent the following information through the process described below: 1. A listing of the accurate First Name, Last Name, Email Address, and Physical Address of the person authorized to act on behalf of the owner of the copyright interest; 2. If using the “Contact Us” page, selection of the “Concern or Complaint” option under the “Subject of Email” section of the form; 3. A description of the copyrighted work that you claim has been infringed with an original signature. If submitting via our “Contact Us” form, please provide this information in the “Question or Comment” section of the “Contact Us” form, including an electronic signature at the end of your description (e.g., /name/); 4. A description of where the material that you claim is infringing is located on the Website (including a specific link/URL where possible); 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, to be included in the complaint, or if using the form, to be included in the “Question or Comment” section of the “Contact Us” form; and 6. A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf, to be included in the complaint letter, or if using the form, to be included in the “Question or Comment” section of the “Contact Us” form (which will contain your “electronic signature” as required in item three (3) above).
Upon receipt of the notification containing all of the information as outlined in 1 through 6 above: 1. Ferskov shall remove or disable access to the material that is alleged to be infringing; 2. Ferskov shall forward the notification to such alleged infringer (“Subscriber”); and 3. Ferskov shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
You hereby consent to arbitration of all disputes before a single arbitrator. The arbitrator will be selected and the arbitration conducted pursuant to the consumer arbitration rules of the American Arbitration Association. No “Class” or similar group arbitration shall be permitted. All arbitration hearings or similar proceedings shall be held in New York, New York, although you may elect telephonic proceedings or waive any hearing.
The AAA Consumer Arbitration Rules are available for review at: https://www.adr.org/aaa/faces/rules (click Rules, then click Consumer Arbitration Rules).
Any arbitral award shall be final and binding and may be enforced by any court of competent jurisdiction.
You understand that, in return for your agreement to this Section, Ferskov is able to offer you the services available through this Site at the terms designated, and that your assent to this Section is an indispensable consideration to such use. You also acknowledge and understand that, with respect to any Dispute:
You are giving up your right to have a trial by jury;
You are giving up your right to have a court resolve any such dispute; and
You are giving up your right to serve as a representative, as a private attorney general, or in any other representative capacity, or to participate as a member of a class of claimants, in any arbitration or lawsuit involving any such dispute.
Contact Information
Please feel free to contact us via Contact Us page, or send us a letter at our mail distribution center Attn: Ferskov LLC. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.
