Terms And Conditions
The following terms and conditions
("Agreement") govern the use of the
farsali.com website ("Site").
Introduction
Welcome to Farsali. This Site is owned and operated by Farsali. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated herein, along with the provisions as set forth our Privacy Policy (please refer to the Privacy Policy section below for more information).
This agreement is in effect as of March 21, 2022.
We reserve the right to change this Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this Agreement periodically to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Disclaimer
No information in this Site is medical advice. Additionally, we do not answer e-mails requesting personal medical advice. You should always consult a qualified health care professional.
Please note that, while our products involve the use of various FDA-approved cosmetic products, this site provides no advice on the benefits and risks of any of these products or on the particular product that should be used in your individual case. You should consult with your own health care professional concerning which cosmetic treatment should be used in your particular case, and about the benefits and risks to you (or "indications and contraindications") of the use of that treatment.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained herein, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not prescreen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any Farsali employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other third party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any third party copyrights or trademarks, becomes the property of Farsali, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our Privacy Policy.
i. You agree to indemnify and hold harmless Farsali and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Submissions
By submitting, posting, disclosing, or offering any review, photograph, image, video, workout plan, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a "Submitted Item") to the Site, you hereby grant to an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), and the exclusive right to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise exploit all such materials on commercial websites, without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark, or other intellectual property right of any third party. You will take, at Farsali’s expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by to effect, perfect, and confirm the license granted to your Submitted Item as set forth herein.
Publication or use of any Submitted Items is at the sole discretion of Farsali and is under no obligation to publish or use any Submitted Item. If your Submitted Item is published, used and/or posted on the Site or otherwise used by the Site, the Site may include your name, likeness, photo, or biographical information in conjunction with such publication, posting, or use. By submitting, disclosing, or offering a Submitted Item, you hereby grant the right to use your name in connection with the publication, use, or posting of your Submitted Item.
Farsali does not actively review Submitted Items for accuracy or safety, including but not limited to, workout plans, photographs, suggestions, ideas, notes, comments, and feedback. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the Contents, including Submitted Items from you and other users. We do not endorse or warrant, and we are not responsible for, the accuracy, timeliness, completeness, or reliability of any Submitted Item. In the event Farsali becomes aware of inaccuracies or safety concerns of Submitted Items, or items violate these terms and conditions at Farsali's sole discretion, reserves the right to remove the Submitted Items pursuant to the terms of this Agreement.
Public Forums/Communities
Farsali may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute, or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters, or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement, or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
Farsali reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. The Site reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site's services or features by users, and the Site is not responsible for any such materials posted by users. However, the Site reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or government request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, that in the Site's sole discretion are objectionable or in violation of this Agreement, the Site's policies, or applicable law. The Site may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if the Site believes you are in breach of the guidelines set forth in this paragraph, these terms and conditions, or applicable law, or for any other reason without notice or liability.
Privacy
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy, located at https://www.farsali.com/pages/privacy-policy, is included under the scope of this Agreement.
Limitation of Warranties
FARSALI IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS-IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THIS SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FARSALI DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, FARSALI DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice. Returns will be subject to our general return policy.
FARSALI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
BY USING OUR WEBSITE, YOU UNDERSTAND AND AGREE THAT ALL RESOURCES WE PROVIDE ARE "AS IS" AND "AS AVAILABLE". THIS MEANS THAT WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
I) THE USE OF OUR RESOURCES WILL MEET YOUR NEEDS OR REQUIREMENTS.
II) THE USE OF OUR RESOURCES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS.
III) THE INFORMATION OBTAINED BY USING OUR RESOURCES WILL BE ACCURATE OR RELIABLE, AND
IV) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY RESOURCES WE PROVIDE WILL BE REPAIRED OR CORRECTED.
Furthermore, you understand and agree that:
V) ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR RESOURCES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICES FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT.
VI) NO INFORMATION OR ADVICE, WHETHER EXPRESSED, IMPLIED, ORAL OR WRITTEN, OBTAINED BY YOU FROM FARSALI OR THROUGH ANY RESOURCES WE PROVIDE SHALL CREATE ANY WARRANTY, GUARANTEE, OR CONDITIONS OF ANY KIND, EXCEPT FOR THOSE EXPRESSLY OUTLINED IN THIS AGREEMENT.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. FARSALI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY LOSS OR DAMAGES WHICH MAY BE INCURRED BY YOU AS A RESULT OF USING OUR RESOURCES, OR AS A RESULT OF ANY CHANGES, DATA LOSS OR CORRUPTION, CANCELLATION, LOSS OF ACCESS, OR DOWNTIME TO THE FULL EXTENT THAT APPLICABLE LIMITATION OF LIABILITY LAWS APPLY.
Copyrights/Trademarks
All content and materials available on Farsali, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Farsali, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Farsali. Farsali grants you a limited license to access and make personal use of this Site. You may not download (other than page caching) or modify any portion of our site, except with express written consent of the Site. You may not use any part of this site for commercial or resale use; this includes, but is not limited to, logos, images, text, and data. You may not use data mining, robots, or similar data gathering and extraction tools. The contents of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Farsali. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of without express written consent. You may not use any meta tags or any other "hidden text" utilizing Farsali's name or trademarks without the express written consent of the Farsali. Any unauthorized use terminates the permission or license granted by Farsali. Please note that the permission granted herein terminates automatically if you breach any of these terms and conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of the Site, is strictly prohibited.
Termination of Use
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Site and Resources with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
Governing Law
This website is controlled by Farsali from our offices located in the state of Ontario, Canada. It can be accessed by most countries around the world. As each country has laws that may differ from those of Ontario, by accessing our website, you agree that the statutes and laws of Ontario, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this Agreement shall be brought in the federal or state courts located in Canada, Ontario You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Class Action Waiver
You expressly agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. The parties expressly waive any ability to maintain any class action in any forum. Any right to a jury trial is hereby waived.
Severability
You agree that in the event any portion of these Site terms of use is found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect.
Contact Information
If you have any questions or comments about this Agreement as outlined above, you can contact us at :
Farsali
100-400 Applewood Crescent
Concord, Ontario L4K 1C3
Canada
mail@farsali.com