Welcome to the FENDIO. FENDIO is providing this service to you based on the following guidelines. Please read carefully.
1. Reservation of Rights.
The FENDIO Virtual Software Products Website (the Website) is offered at the sole and exclusive discretion of FENDIO. FENDIO may, among other things, terminate or suspend offering access to the Website; withdraw, limit, modify or cancel any products in the Website; change membership requirements for FENDIO; and modify these Guidelines, and/or the FENDIO Terms of Service at any time. You agree that FENDIO will not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
2. Member ID, Password and Security PIN.
If you are already a validly registered member of FENDIO.com, you can login into the FENDIO Website by using your Member ID and Password. You are responsible for maintaining the confidentiality and security of your User ID and Password and for any and all activities that occur under your Member ID and Password. You agree to notify FENDIO immediately of any unauthorized use of your membership, account, or any other breach of security known to you.
3. Privacy Policy.
You acknowledge, understand and agree that FENDIO will NOT disclose to third parties personally identifying information (including, but not limited to, your name, postal address, email address, telephone number, and credit card information) provided by you as part of the Membership registration process or as part of the Website purchase process. In order to permit FENDIO to protect its reputation, owners, investors, parent, subsidiaries, partners, agents, employees, officers, affiliates, and members, you hereby consent to FENDIO or its designated agent being able to access, investigate and review your account and records, without prior notice to you, on a case by case basis to investigate allegations of fraud, illegal or misleading activity, security breach, misuse, or abuse.
4. Fraud and Abuse.
Fraud or abuse relating to the purchase of products may result in the termination or suspension of Membership. You are entirely responsible for maintaining the confidentiality of your Password and for any fraudulent use of your account that occur due to the theft of or sharing of your Password. You agree to notify FENDIO immediately of any unauthorized use of your account, Password or any other breach of security known to you.
5. Limitation of Liability, Warranty Disclaimers, Indemnity and Release.
UNDER NO CIRCUMSTANCES SHALL FENDIO BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, INCEDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF FENDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE USE OR INABILITY TO USE THE FENDIO WEBSITE OR ANY OTHER PROVISION OF THESE GUIDELINES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND OR NATURE. YOU USE THE WEBSITE AT YOUR SOLE RISK AND FENDIO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.WITHOUT LIMITATION, FENDIO MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, RELIABLE, AVAILABLE, OR ERROR-FREE, THAT THE RESULTS AND PRODUCTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS OBTAINED VIA THE WEBSITE WILL MEET YOUR EXPECTATIONS.PLEASE NOTE THAT NO ADVICE OR INFORMATION OBTAINED BY YOU FROM FENDIO OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE GUIDELINES.YOU AGREE THAT ALL DISPUTES THAT CANNOT BE RESOLVED BETWEEN THE PARTIES, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE WEBSITE, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION.
You accept all responsibility for, and hereby indemnify and hold harmless FENDIO, its owners, investors, parent, subsidiaries, partners, agents, employees, officers and affiliates, from and against, any actions taken by any user authorized to use your account, including by not limited to disclosure of Passwords to third parties. By using the Website, you release FENDIO and its owners, investors, parent, subsidiaries, partners, agents, employees, officers and affiliates from any and all liability regarding use of the Website and use of products.
6. Disclaimers.
FENDIO uses diligent efforts to maintain the Website, but FENDIO is not responsible for any defects or failures associated with the Website or any damages that may result from any such defects or errors.FENDIO does not endorse any Third Party Product made available or offered via the Website. In addition, FENDIO does not provide any assurance, warranty or guarantee of any kind or nature that you will be satisfied with any Third Party Product. FENDIO has not taken any steps to confirm or ensure the accuracy or reliability of any of the information provided by third parties via the Website or the third parties' Websites. FENDIO advises you to exercise your own judgment and investigate as you deem necessary before proceeding with any purchase of a Third Party Product.
7. Governing Law; Jury Trial.
These Guidelines shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in New York, and you hereby consent and submit to personal jurisdiction of such courts for the purposes of litigating any such action. YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHTS YOU HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THE WEBSITE.
