Terms of Use

TERMS OF USE

Updated as of December 14, 2015

GENERAL

WELCOME

Welcome to the website (the "Website") of Fantastic Sams Franchise Corporation ("Fantastic Sams," “we” or “our”). Please carefully review these terms and conditions ("Terms of Use") and the Privacy Policy, and any other terms and conditions that may appear on the Website that govern particular offers or features (together, the "Terms & Conditions"). Such Terms & Conditions govern your use of and access to the Website and any and all content, data and information contained on the Website. 

YOUR USE OF ANY PORTION OF THE WEBSITE CONSTITUTES YOUR UNCONDITIONAL CONSENT TO FOLLOW AND BE BOUND BY THE TERMS & CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY FANTASTIC SAMS. IF YOU DO NOT AGREE TO ANY PORTION OF THE TERMS AND CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE WEBSITE.

USE

The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Website are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Fantastic Sams or by third parties who have licensed their materials to Fantastic Sams and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on the Website is the exclusive property of Fantastic Sams or its licensors and is protected by U.S. and international copyright laws. No material from any portion of the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. In addition, you agree not to: (a) use or access this Website for any purpose that is unlawful or prohibited by the Terms & Conditions; (b) use or access this Website in a manner that could damage, disable, overburden, or impair any Fantastic Sams server or the networks connected to any Fantastic Sams server; (c) interfere with any third party's use and enjoyment of the Website; or (d) attempt to gain unauthorized access to accounts, computer systems or networks connected to any Fantastic Sams server through hacking, password mining or any other means.

The Website may sell products to adults, who can purchase such products with a credit card. If you are a minor under the age of 18, you may use the Website only with involvement of a parent or guardian. Fantastic Sams and its affiliates (as defined in the Privacy Policy posted on the Website, and used throughout these Terms of Use) reserve the right to refuse service or cancel orders in their sole discretion.

MODIFICATIONS OF TERMS & CONDITIONS

Fantastic Sams reserves the right to change, modify, amend and/or update the Terms & Conditions at any time with or without prior notice to you. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your unconditional agreement to follow and be bound by the Terms & Conditions as so changed, modified, amended and/or updated. You are responsible for reviewing the Terms & Conditions each time you use or access any portion of the Website.

LINKS

Fantastic Sams is not affiliated or associated with the sponsors, owners or producers of any third-party websites linked to or from this Website. These linked sites are not under our control and Fantastic Sams explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third-party sites. Fantastic Sams does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services contained on or through such third-party sites. Fantastic Sams does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third-party site. In no event shall any reference to any third-party or third-party product or service be construed as an approval or endorsement by Fantastic Sams of that third party or of any product or service provided by a third party.

TERMINATION OF ACCESS

Fantastic Sams shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, Fantastic Sams believes that your conduct fails to conform with the Terms & Conditions, or for any other reason that Fantastic Sams deems reasonable, in its sole discretion. Fantastic Sams also reserves the right to investigate suspected violations of the Terms & Conditions, including without limitation, any violation arising from any submission, posting or e-mail you make or send to the Website. Upon notification to you that your access to the Website is terminated, any right granted to you under the Terms & Conditions shall cease immediately, and you agree that you will: (a) immediately discontinue use of the Website; and (b) as applicable, pay any amounts owed to Fantastic Sams in full within thirty (30) days from the date of such termination.

SOLELY INTENDED FOR UNITED STATES USERS

Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Fantastic Sams controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website are appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on his or her own initiative and is responsible for compliance with local United States laws, if and to the extent applicable.

USER IDS/PASSWORDS

Use of certain features on the Website might be limited and/or require registration. Should registration be required for the use of such features, Fantastic Sams will review and determine, in our sole discretion, whether to accept your registration. Fantastic Sams shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website at any time, and for any reason. Upon acceptance of your registration by Fantastic Sams, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information.

Fantastic Sams reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify Fantastic Sams immediately about any unauthorized use of your Password or any breach of security. You further agree that Fantastic Sams shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Fantastic Sams.

DISCLAIMER

THIS WEBSITE IS PROVIDED BY FANTASTIC SAMS ON AN "AS IS" AND "AS AVAILABLE" BASIS. FANTASTIC SAMS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. FANTASTIC SAMS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. FANTASTIC SAMS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. FANTASTIC SAMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL FANTASTIC SAMS OR ANY OF ITS AFFILIATES OR THE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS OF FANTASTIC SAMS OR ANY OF ITS AFFILIATES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FANTASTIC SAMS OR ITS AFFILIATE(S) HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT FANTASTIC SAMS OR ITS AFFILIATE(S), SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL FANTASTIC SAMS OR ITS AFFILIATE(S) BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THE TERMS & CONDITIONS.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD FANTASTIC SAMS AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE PROVISIONS OF THE TERMS & CONDITIONS.
 

APPLICABLE LAWS

The Terms & Conditions shall be governed by and construed under the laws of the Commonwealth of Massachusetts, without regard to conflicts of laws principles. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN ESSEX COUNTY, MASSACHUSETTS.

COMMENCEMENT OF ACTIONS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.

MISCELLANEOUS

The failure of Fantastic Sams to act with respect to a breach of the Terms & Conditions by you or others does not constitute a waiver and shall not limit Fantastic Sams rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify the Terms & Conditions. Fantastic Sams may assign its rights and duties hereunder to any party at any time without any notice to you. The Terms & Conditions may not be assigned by you without Fantastic Sams’ prior written consent. If any provision of the Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. The Terms & Conditions may not be modified except in writing, signed by both parties.

FORWARD-LOOKING STATEMENTS

The Terms & Conditions and the documents incorporated by reference herein, if any, may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934. Such statements are based on management's current expectations and assessments of risks and uncertainties and reflect various assumptions concerning anticipated results, which may or may not prove to be correct. Some of the factors that could cause actual results to differ materially from estimates or projections contained in such forward-looking statements include the pattern of brand sales, including variations in sales volume within periods; competition within the relevant product markets, including the ability to develop and successfully introduce new products and services, ensuring product quality, pricing, promotional activities, introduction of competing products and services and continuing customer acceptance of existing products and services; loss of distributorship rights; risks inherent in acquisitions and strategic alliances; the loss of one or more key employees; the effects of a prolonged United States or global economic downturn or recession; changes in costs, including changes in labor costs, raw material prices or advertising and marketing expenses; the costs and effects of unanticipated legal or administrative proceedings; and variations in political, economic or other factors such as currency exchange rates, inflation rates, tax changes, legal and regulatory changes or other external factors over which Fantastic Sams has no control. Fantastic Sams has no obligation to update any forward-looking statement in the Terms & Conditions or any incorporated document.

SUBMISSIONS, POSTINGS AND OTHER COMMUNICATIONS

SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated by you to Fantastic Sams through the Website in any way (collectively, the "Submission(s)") will forever be the property of Fantastic Sams and you waive all of your rights therein provided that you will continue to be responsible for the content of any Submission(s) including, without limitation, any indemnification obligations related to such Submission(s). Fantastic Sams will not be required to treat any Submission(s) as confidential (unless required by law or if Fantastic Sams has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Fantastic Sams operations. Without limitation, Fantastic Sams will have exclusive ownership of all present and future existing rights to the Submission(s) of every kind and nature everywhere and will be entitled to use the Submission(s) for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission(s). Fantastic Sams retains the right to review, edit or delete from the Website any Submission(s) which Fantastic Sams in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.

EMAIL AND OTHER COMMUNICATIONS

In connection with your use of the Website, you consent to Fantastic Sams recording any communication, electronic or otherwise, between you and Fantastic Sams and retaining any information and data you submit while using the Website.

In using the Website, you may be permitted to communicate electronically with Fantastic Sams by sending electronic mail to Fantastic Sams; however, you acknowledge and agree that only general information or inquiries may be submitted to Fantastic Sams via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to Fantastic Sams via e-mail as Fantastic Sams cannot be responsible for responding to any such communications.

INVESTIGATIONS

Fantastic Sams may seek to gather information from you if you are suspected of violating the Terms & Conditions, or for any other reason. Fantastic Sams may suspend any person using the Website (“User(s)”) whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If Fantastic Sams believes, in its sole discretion, that a violation of the Terms & Conditions has occurred, it may edit or modify any Submission(s), posting or e-mails, remove the material permanently, cancel postings, warn Users, suspend Users and Passwords, terminate accounts or take other corrective action it deems appropriate. Fantastic Sams will fully cooperate with any law enforcement authorities or court order requesting or directing Fantastic Sams to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate the Terms & Conditions. YOU WAIVE AND HOLD HARMLESS FANTASTIC SAMS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FANTASTIC SAMS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FANTASTIC SAMS OR LAW ENFORCEMENT AUTHORITIES.