Fyshfoundation.org is owned and operated by the FYSH Foundation, a nonprofit company registered and existing under the laws of the state of Washington.
"Our website" or "this website" - refers to fyshfoundation.org which includes: all pages, sub-pages, sub-domains, and any associated web-based application (collectively, "Website") owned and operated by FYSH Foundation.
"We", "Us", and "Our"- shall be used interchangeably and shall refer to FYSH Foundation, its affiliates and/or subsidiaries, and any person or entities associated with FYSH Foundation.
"Visitor"- is someone who merely browses this website but has not purchased our products and services.
"Customer"- is someone that has purchased our products, received services or volunteered, or made a donation including but not limited to monetary, time or physical items.
"User" or "Users" or "You"- is a collective identifier that refers to either a Visitor or Customer.
“Products” – refers to the products that are available for purchase on our website.
“Services”- shall collectively mean the services we render, our content, and our website.
“User Content”- collectively refers to all the data that users upload, transmit, create, or generate on or while using our Services. This includes all information a user sends to us.
By using our Services, you agree to comply with all applicable local and international laws, statutes, ordinances, and regulations. We reserve the right to investigate reported violations of any of our operational Terms and to take necessary action we deem appropriate, including but not limited to canceling Services we render you, reporting any suspected illicit activity to law enforcement bodies, regulators, or other third parties.
CHANGE TO THESE TERMS
We reserve the right, at our sole discretion and without prior notice, to make additions, modifications, remove, or change portions/all these Terms at any time. Users will be notified about any changes through the website. In addition, Customers will be notified through a message sent to their associated account e-mail.
Changes will automatically be effective when posted unless we state otherwise. We urge Users to review the latest version of these Terms on this page any time they visit this website or make use of our Services. Your continued use of our Services without reading these Terms and their subsequent updates any time you use our Services means your acceptance of the latest version of these Terms.
In cases of disputes, the version of this Terms of Service at the time we receive your dispute notice will be applicable in resolving your dispute with us.
PRIVACY OF PERSONAL INFORMATION
You affirm that you are 18 years of age or older. To purchase through our website, you must be 18 or older and have a valid credit card or other acceptable electronic payment methods. Subject to these Terms, you may not use our Services if you are unable to form a legally binding agreement with FYSH Foundation. You agree that you are only authorized to visit or use our Services for your personal use and not for any business purposes without a separate agreement in writing with us. You may not use our Services to purchase any product for resale by you or on behalf of any other person. You may not resell, either directly or indirectly, any product purchased through our site.
AVAILABILITY AND ACCURACY OF PRODUCTS
Certain products or services on our site may be exclusively available. These products or services may have limited quantities and are subject to the quality assurance of third-party companies who provide us some of these products.
We endeavor to display as accurately as possible the colors and images of each product that appear at the store. However, we cannot guarantee that your computer monitor's display of any color will be as accurate as displayed in our store.
We do not warrant that the quality of any products, services, information, or other material you purchased or obtained will meet your expectations.
FYSH Foundation may terminate or suspend the supply of any product displayed on our site at any time and without prior notice if:
- we are out of stock
- for maintenance work
- to update content
- for any other reason
Products on the site are normally available for dispatch within 24 - 72 hours after purchase unless otherwise stated.
PRICES OF PRODUCTS
Prices of products displayed on our store are subject to change at any time. Prices of all products available on our store are marked on their respective descriptions and are subject to VAT at the prevailing rate which will be included in the total amount during cart checkout. Delivery charges may be included when applicable. All prices are in USD. We may sometimes provide you with offers and discounts through promotional codes.
For orders placed via our Store, we accept Credit and Debit Card, and other payment methods displayed during the time of payment. When making a payment and to successfully have your payment processed, you are required to provide accurate information such as card details or other billing information. You will be notified once we receive your payment which transfers the ownership of the product to you.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.
FYSH Foundation solely reserve the right to refuse any order at our discretion. We may, at our sole discretion, limit or cancel quantities purchased by each person, each household, or each order. These restrictions may include but are not limited to orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
This website may contain certain information which is not updated. We reserve the right to modify the contents of this website at any time without prior notice, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website. We assume no responsibility if information made available on this website is not accurate, complete, or outdated.
INTELLECTUAL PROPERTY; USER LIMITED LICENSE
FYSH Foundation and our related Services: All contents provided to you through our Services are owned and licensed to FYSH Foundation. All rights are reserved. FYSH Foundation, subject to your acceptance and abiding by these Terms grants you a limited license to use our Services. You agree not to use our Services in any way that will tarnish our good public reputation or bring us any liability. We reserve the right to terminate, ban, and seek further legal actions against you if you breach any of these Terms.
YOUR ATTEMPT TO DISRUPT, MANIPULATE, HIJACK, HACK OR INTERFERE WITH THE SERVICES OR OPERATIONS OF FYSH FOUNDATION WILL BE CONSIDERED A BREACH OF OUR OPERATIONAL POLICY OR VIOLATION OF CRIMINAL AND CIVIL LAWS.
Content of Users: Our Services permit Users to create, share, and post content which includes but is not limited to messages, photos, etc. (All collectively referred to as "User Content") The User retains all rights to their content except for (a) any content from our Services that may be incorporated in your User Content, and (b) the license you grant below, as between you and FYSH Foundation.
The User hereby grants a non-exclusive, unlimited, irrevocable, and perpetual license to FYSH Foundation to use the content freely, reproduce, prepare derivatives, distribute, use for marketing and promotions worldwide without any royalty owed to the User. To the extent permitted by law, the User waives all rights to future claims of the content, content authorship, or rights to limit the usage of the content by FYSH Foundation.
In addition to other prohibitions as set forth in the Terms of service, Users are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet; and (l) to post any nude photos nor any type of solicitation from Customers.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless FYSH Foundation and its Owner(s), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Condition or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
We may feature advertisements from third-party companies through links on our website, some of these third-party advertisements provide you promotional offers. Your decision to use those links is solely at your discretion, you agree to take full responsibility for your decision to use such third-party offers.
You agree that you do not you hold FYSH Foundation liable for any loss, harm, or damage arising from your decision to use such third-party advertisement links.
FYSH Foundation takes its intellectual property rights and that of others seriously and we require you to do so. We respond promptly to alleged copyright infringement notices in compliance with the US Digital Millennium Copyright Act (“DMCA”), the E-Commerce Directive and associated legislation in the EU, and similar or equivalent other local laws that may apply. FYSH Foundation reserve the right to terminate services of any User that infringes the intellectual property rights of others.
AVAILABILITY OF THE SERVICES; WARRANTY DISCLAIMER
Our Services may be temporarily unavailable from time to time for maintenance or other reasons. FYSH Foundation assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, or communication failure. We reserve the right to suspend, withdraw, or restrict the availability of all or any part of our Services for business and operational reasons.
OUR SERVICES AND ALL CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN “AS IS" BASIS, WITH ALL "DEFECTS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FYSH FOUNDATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ACCURACY OF INFORMATIONAL CONTENT, AND ANY WARRANTIES ARISING OUT OF ANY USE OF OUR PRODUCTS AND SERVICES. FYSH FOUNDATION MAKES NO REPRESENTATION THAT THE WEBSITE OR ANY CONTENT IS FREE FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. FYSH FOUNDATION MAKES NO REPRESENTATION OR WARRANTY THAT CONTENT PROVIDED THROUGH OUR SERVICE IS APPLICABLE OR APPROPRIATE FOR USE IN YOUR STATE OR COUNTRY.
LIMITATIONS; WAIVER OF LIABILITY
IN NO EVENT WILL FYSH FOUNDATION OR ITS OWNER(S), EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR SERVICES, CONTENT, OR ANY RELATED PRODUCT ACCESSED THROUGH OUR SERVICES, EVEN IF FYSH FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FYSH FOUNDATION LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT A CUSTOMER PAID FOR OUR SERVICES.
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating our intellectual property rights or that of a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
SEPARATION OF TERMS
Each of the paragraphs of these Terms operates separately. If any part of these Terms is not enforceable, the rest of these Terms still apply and are binding, and any unenforceable term will be substituted with a term that comes as economically close to the unlawful or unenforceable term as possible.
These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of the state of Washington.
We reserve the right to assign our rights and obligations under these Terms to a different party or entity at any time without your consent. Users are not allowed to assign their rights or obligations under these Terms to any party without obtaining prior written consent from FYSH Foundation, any attempt to do so without our consent is void.
These Terms, and any other policies or rules we reference in these Terms, make up the entire agreement between you and FYSH Foundation relating to the subject matter of these Terms and supersede all prior understandings of the parties relating to the subject matter of these Terms, whether those prior understandings were electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us.
LANGUAGE OF THE TERMS
Any translated version of these Terms of service is for informational use only. The translated version may not fully represent our position as it could mean something different from the English version. The English version remains the authentic version of these Terms.
Our non-enforcement of our rights under these Terms at any time does not mean we waived the right to do so in the future. And, if we do expressly waive a provision of these Terms, that does not mean we have waived it in perpetuity. If we do waive a default or breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later default or breach by you.
Questions about these Terms of Service should be sent to us at email@example.com.