Terms and Conditions of Web Site Use

Welcome to the Web Site (the "Site") of House of Fara Incorporated ("House of Fara"). Please read and review these Terms and Conditions of Web Site Use (the "Terms") carefully before accessing or using our Site. These Terms govern any use of or access to our Site. By accessing or using this Site, you acknowledge that you have read, understood and agreed to all of the Terms. If you do not agree to such Terms, you may not access or use the Site. The Terms are an agreement made by and between House of Fara and any person or entity who accesses or uses this Site or its content (the "User"). Throughout this agreement "we" or "our" refers to House of Fara, and "you" or "your" refers to the User.

  1. Use of Web Site & Content. The information provided on this Site is for general informational and educational purposes only. Certain sections of this Site are intended for particular audiences, including House of Fara’s employees and customers, as well as members of the general public. We intend that the Site will provide a medium for all users to learn more about our products and services and to exchange information with House of Fara. All access to and use of the Site is, however, governed by these Terms. House of Fara has the exclusive right to control accessibility, hours of use, features on the Site and any other information found on the Site. House of Fara can restrict access to any or all portions of the Site or remove any information or content from the Web Site at any time. House of Fara reserves the right to monitor use of the Site. You are solely responsible for providing the equipment related to accessing the Site, including all computers, remote communications equipment, telephone or other equipment.

  2. Web Site Limited License. Use of this Site and its content is licensed, not sold, to you. As a User of this Site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site and its content in accordance with these Terms. House of Fara may terminate this license at any time for any reason.

  3. Prohibited Conduct. You expressly agree to refrain from doing, either personally or through an agent, any of the following:

    1. Use any device or other means to harvest information about other Users.
    2. Transmit, install, upload or otherwise transfer any virus or other item or process to the Site that in any way affects the use, enjoyment or service of the Site.
    3. Transmit, install, upload or otherwise transfer any virus or other item to the Site that in any way affects the use, enjoyment or service of any User’s or House of Fara’s employee’s computer or other medium used to access the Site.
    4. Modify the information, including headers, found on the Site.
    5. Transmit, install, upload or otherwise transfer to the Site any unauthorized advertisement or communication.
    6. Engage in any action that House of Fara determines is detrimental to the use and enjoyment of the Site.
    7. Use the Site for any unlawful or defamatory means.
    8. Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).

  4. Disclaimer of Representations/No Liability. Although House of Fara has attempted to provide accurate information on the Site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. YOU ACCESS THIS SITE AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OR ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER HOUSE OF FARA NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF HOUSE OF FARA, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. HOUSE OF FARA IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL HOUSE OF FARA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

    IN NO EVENT WILL HOUSE OF FARA OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

  5. Copyrights & Trademarks.

    1. All of the content you see and/or hear on this Site, including without limitation, all of the product images, illustrations, graphics and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses of House of Fara or its affiliates. The contents of this Site are subject to copyright protection (Copyright © 1999-2008 House of Fara Incorporated. All Rights Reserved.) and may not be copied, reproduced or distributed without House of Fara’s prior written consent.
    2. All product names, whether or not appearing in large print or with the trademark symbol on this Site, are trademarks of House of Fara, its affiliates, related companies or its licensors, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted by House of Fara, is expressly prohibited and may be in violation of copyright law, trademark law, the law of privacy and publicity, and communications regulations and statutes. Please be advised that House of Fara actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

  6. Third Party Web Sites and Links. This Site may contain links or references to other web sites maintained by third parties over whom House of Fara has no control. Such links are provided merely as a convenience. Similarly, this Site may be accessed from third party links over whom House of Fara has no control. House of Fara makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by House of Fara.

  7. Non-Confidential Information. We welcome your comments regarding this Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to House of Fara shall be and remain the exclusive property of House of Fara. Your submission of any such Comments shall constitute an assignment to House of Fara of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. House of Fara will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

  8. Indemnification. You agree to indemnify, defend and hold harmless House of Fara, its officers, directors and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fee, resulting from any violation by you of these Terms and/or your use of the Site.

  9. Void Where Prohibited. This Site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this Site is accessible to users outside of the U.S., the information on the Site pertaining to House of Fara’s products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and practices that differ from those in the U.S. House of Fara reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any item on this Site that is construed as an offer for any product or service made on this Site is void where prohibited.

  10. Change of Terms. House of Fara reserves the right to modify these Terms at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms, as modified. For this reason, we encourage you to review these Terms whenever you use the Site for updates or any changes.

  11. Miscellaneous. These Terms constitute the entire agreement between House of Fara and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between House of Fara and User dealing with the subject matter hereof is superseded. If any portion of these Terms is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User’s breach of these Terms, House of Fara may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. House of Fara’s remedies are cumulative and not exclusive. Failure of House of Fara to exercise any remedy or enforce any portion of these Terms at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Terms at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. House of Fara makes no representation that the content of the Web Site is appropriate or available for use in all locations. Users of this Web Site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A., notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in LaPorte or St. Joseph County, State of Indiana, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose.