General Terms & Conditions


This site in maintained and operated by Fay Cullen, Inc, a.k.a. Faycullen.com hereof.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, AND BY ANY OPERATING RULES OR POLICIES IMPLEMENTED BY FAYCULLEN.COM FROM TIME-TO-TIME.

The information and images presented here may not under any circumstances be reproduced or used without prior written permission. Users may view and download material from this site only for the following purposes: for personal and non-commercial home use. In all other cases, you will need written permission from Faycullen.com to reproduce, republish, upload, post, transmit, distribute or publicly display material from this website.

Users are not being granted any right to copy the Web site; to reproduce, duplicate, sell or exploit for any commercial purpose any portion of the Web site; to copy or otherwise duplicate and distribute the documents from this Web site or reverse engineer, de-compile, or otherwise attempt to derive source code from any software accessible or available on the Web site.

Users may not use language that is threatening, abusive, vulgar, discourteous or criminal. Users also may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component.

Faycullen.com is not responsible for material submitted to or posted in chat rooms by site users. By communicating with Faycullen.com users grant permission to use any information, suggestions, ideas, drawings or concepts communicated for any purpose.

Under no circumstances, including but not limited to negligence, will Faycullen.com be liable for special or consequential damages that result from the use, wear or inability to use the items on this site. In no event shall Faycullen.com be liable to a user for any loss or damage.

Faycullen.com shall have the right, but not the obligation, to monitor the content of the Website, to determine compliance with this Agreement. Faycullen.com shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. You acknowledge and agree that any communication or material you post or transmit to the Website is, and will be treated as, non-confidential and non-proprietary. Without limiting the foregoing, FayCullen.com have the right in its sole discretion to remove or edit any messages or material submitted by users or posted on the Website found to be in violation of the provisions hereof, or found to cause liability for Faycullen.com, or is otherwise objectionable.


TITLE AND OWNERSHIP RIGHTS


User acknowledges that all patents, copyrights, trade secrets, trademarks, trade names and other proprietary rights relating to or residing on the Web site (including, without limitation, the "look and feel" of the Web site), all software and programming code that supports the operation of the Web site, and any derivatives thereof or other modifications thereto, are owned by FayCullen.com User agrees that the web site and all components thereof, constitute the proprietary confidential information of ABC Company. Any use by User of the Web site for purposes other than the ones mentioned above shall constitute misappropriation of Faycullen.com confidential information.


GOVERNING LAW


User agrees to comply with all applicable laws, statutes, ordinances, and regulations regarding use of the Web Site and purchase of the services on the Web Site. The laws of the State of North Carolina will govern interpretation and enforcement of this Agreement. User hereby consents to personal jurisdiction in the federal and state courts of Buncombe County, North Carolina for any action arising out of or relating Faycullen.com Web site. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorneys' fees. The Site Content and/or services available through the Web Site are subject to United States export controls and may not be accessed or used by: (1) a national or resident of any country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders. User hereby agrees to the foregoing and represents and warrants that he/she is not a national, resident or under the control of any such country or on any such list.


INDEMNITY


User agrees to indemnify and hold harmless Faycullen.com, its officers, directors, employees and agents, or arising out of User's use of the Web site, any alleged violation of this Agreement, or any from any claim or demand, including reasonable attorneys' fees, made by any third party due to alleged violation of any rights of another, including but not limited to User's use of any content, trademarks, service marks, trade names or other intellectual property in connection with the Web site. ABC Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, which shall not excuse User's indemnity obligations.


Privacy Policy


Faycullen.com is committed to respecting your privacy. Once you choose to provide us with personal information (any information by which you can be identified) you can be assured that it will only be used to support your customer relationship with Faycullen.com.

FayCullen.com uses your information to better understand your needs and to provide you with better service. Specifically, we use your information to help you complete a transaction, to communicate back to you, to update you on services, products and benefits, and personalize our web site for you.
Without further express consent from you, FayCullen.com will use the information only to respond to your inquiry or provide the requested product or service; and will not provide the information to any third parties.
FayCullen.com will not sell, rent, or lease your personal information to others. Unless we have your permission or are required by law, we will only share your data you provide online with other Faycullen.com entities and/or business partners who are acting on our behalf to complete the activities described above. Such Faycullen.com entities and/or business partners, including those located in other countries, are governed by our privacy policies with respect to the use of this data.


Priority Viewing Subscription and Removal


 

By creating a Customer Account, your e-mail address is added to our e-mail data base from which you may receive occasional e-mails concerning news, products or services in which you may be interested or for market research that might be of help to us in serving you.
 
If you wish to change your e-mail address in our database or remove your name from our list, simply login to your account and make your desires known.
Faycullen.com will not use or share your information provided to us in ways unrelated to the ones described above without your consent.
 
Any links from our web site to third party web sites are not covered by this policy. Faycullen.com in any way is responsible for any information, products or services accessible through other web sites. Faycullen.com shall have no liability of any nature whatsoever in relation to any of the foregoing, including without limitation, any sexually explicit materials. Faycullen.com neither endorses nor is responsible for the accuracy of any third party material(s), and you agree that Faycullen.com is not responsible for any loss or damage caused by your use of, or reliance on, such material(s), nor for any failure to enforce any of Faycullen.com’s rights under this agreement, at law or in equity, against any website users or third party. We at Faycullen.com make every effort to only associate our company with other ethical, professional companies

Information Collected and Stored Automatically


We collect certain information about your visit automatically. We limit this data collected to meet specific business needs and to fully protect your privacy. We do not use this information to identify you personally. We thus may know what path(s) you took on Faycullen.com, but we don’t know who you are unless you choose to provide us with personal information.

We automatically collect and store the following information about your visit:
a) General log information such as Internet domain (for example, "xcompany.com" or "yourschool.edu"); Internet Protocol (IP) address; operating system; the browser used to access our Web site; the date and time you access our site; and the pages that you visited. We use the general site information to help us make FayCullen.com more useful to visitors and to learn about how the sections of our site are being used, what information is of most and least interest, how we may enhance ease of use by ensuring that our web site can interface with the types of technology our visitors use.

b) Referral and statistical information where we have links or ad banners to or from Faycullen.com. This let us know which links are useful, both to and from FayCullen.com. Likewise, we collect data from ad banners to let us know which ads are effective, determine which ads may be of most interest and help us control how many times a specific ad is displayed. Such data may include aggregate data such as the number of clicks-through that occurred during a certain period of time. It may also include specific data, such as whether you are a repeat visitor; whether you viewed or clicked on an ad banner and used our site (for instance, to register or make a purchase) and the identity of the site from which you linked to or from Faycullen.com. We do not use such data to identify you personally. We also use such statistics to tell us of any possible site performance problems.

If you have comments or questions about our privacy policies, you can contact us at:


US Mail: 129 Bleachery Blvd #17
Asheville, NC 28805
E-Mail: info@faycullen.com
Telephone: 305-354-3000
Toll Free: 1-800-608-3011
Fax: 828-254-3119

DISCLAIMER OF WARRANTIES


THE WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NEITHER THIS AGREEMENT OR ANY REFERENCED MATERIAL IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE WEB SITE WILL 1) MEET USER REQUIREMENTS OR/AND EXPECTATIONS 2) BE ERROR-FREE 3) THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE OR 4) THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL GOODS. FYCULLEN.COM AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, TEXT, GRAPHICS, AND LINKS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FAYCULLEN.COM, OR ITS EMPLOYEES OR REPRESENTATIVES, WILL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.

LIABILITIES


USER ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

FAYCULLEN.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUPPLIERS OR ANY THIRD PARTY MENTIONED ON THIS WEBSITE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES OR LEGAL THEORIES WHATSOEVER, FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, EVEN IF FAYCULLEN.COM IS AWARE OF THE RISK OF SUCH DAMAGES, THAT RESULT IN ANY WAY FROM USER'S ABILITY OR INABILITY TO USE THE WEB SITE, OR THAT RESULT FROM ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF SERVICE. FAYCULLEN.COM IS NOT LIABLE FOR THE COST OR PROCUREMENT OF SUBSTITUTE SERVICES, TECHNOLOGY, OR DATA.

FAYCULLEN.COM WILL NOT BE LIABLE FOR FAILURE TO PERFORM ANY OBLIGATION UNDER THIS AGREEMENT IF SUCH FAILURE IS CAUSED BY INTERNET OUTAGES, EARTHQUAKES, COMMUNICATION OUTAGES, FIRE, FLOOD, WAR, AN ACT OF GOD, OR THE OCCURRENCE OF ANY OTHER UNFORESEEN CONTINGENCY BEYOND THE REASONABLE CONTROL OF ABC COMPANY.

Our privacy policy is effective as of January 1, 2003. Faycullen.com reserves the right to change our Privacy Policy at any time by notifying you of a new effective date. Our Privacy Policy is subject to Faycullen.com Terms of Use.

 
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