Effective as of: November 12th, 2018
ABOUT THE SERVICES
Filosano provides an online marketplace for users to purchase sustainable products sold by vendors listing through the Site (“Vendors”). Users may browse or search the Site to find items regarding which they wish to gather information and to identify items the User may wish to purchase. To purchase an item, Users submit an order through the Site to the vendor selling the item the User wishes to purchase. The User then provides payment information to a third party payment processor who processes payments. The applicable Vendor will then ship the purchased item directly to the User. Filosano does not own or sell the items listed on the Site, so the contract for sale of the purchased item is directly between Users and the applicable Vendor.
User Representations Regarding Age or Authorization
You represent and warrant that you are at least 18 years old or that you are visiting the Site under the supervision of a parent or guardian.
This Site may be accessed from countries other than the United States. Products displayed on the Site are not available for sale through the Site to Users outside of the United States. If you access and use the Site outside the United States you are responsible for complying with your local laws and regulations.
User Name, Password and Unauthorized Access to Your Account
You may set a password and account identification (“username”) to enable you to access and use certain features of the Services, including the creation of a personal user account. Each time you use a password or username, you will be deemed to have authorized the transmission of all data and instructions we receive from you, including the submission of any offers to purchase goods from Vendors. We have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING YOUR PASSWORD AND USERNAME WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING, WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING, WITHOUT LIMITATION, FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of your password and username. You shall immediately notify us of any unauthorized use of your password or username or any other breach or threatened breach of this Site’s security.
Availability of Site
We may amend the Site and all content, software and other items used or contained on the Site at any time without notice. We will not be liable if for any reason all or any part of the Site is ever unavailable and we may limit access to a portion of the Site or the entire Site to only certain Users.
Your permission to use the Site is conditioned upon the following restrictions (“Use Restrictions”). You agree that you will not under any circumstances:
- provide or submit to the Site any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable and offensive, or that could give rise to any civil or criminal liability under U.S. or international law;
- use the Services for any unlawful purpose or for the support of illegal activities;
- attempt to, or harass, abuse or harm another person or group via the Site;
- use another User’s account without permission;
- provide false or inaccurate information through the Site, including when registering an account;
- interfere or attempt to interfere with the proper functioning of the Site;
- take any action that may interfere with any feedback or ratings systems featured or used on the Site or provided by the Services;
- make any automated use of the Site or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology or device to scrape, spider or crawl the Site or harvest or manipulate data; or
- provide or submit to the Site any malicious content intended to damage or disrupt another User’s browser or computer.
Filosano’s Intellectual Property
We may ask you from time to time for your input regarding the Services and the Site and we would appreciate your candid feedback. We will not pay or owe you any compensation for the feedback you provide. It will become the property of Filosano and we may use that information for our business purposes, including, without limitation, continuing to improve the Site.
ONLINE CONTENT DISCLAIMER
Site Content and Use
Opinions, advice, statements, offers or other information or content made available through the Site, but not directly by Filosano, are those of their respective authors and should not necessarily be relied upon. Such authors, including Vendors, are solely responsible for such content. Filosano does not guarantee the accuracy, completeness or usefulness of any information accessed on the Site or through the Services. Filosano does not guarantee the accuracy or reliability of any opinion or advice made by Filosano. Filosano does not adopt nor endorse, nor is Filosano responsible for, any opinion, advice or statement made by any User through the Site. Additionally, Filosano takes no responsibility and assumes no liability for any User Submitted Content or any other Content that you, any other User, any Vendor or third party posts or sends using the Site. Under no circumstances will Filosano be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or delivered through the Services, or transmitted to Users.
Third Party Links
The Site may contain convenient links to third party website(s) (“Third Party Sites”), as well as articles, videos, photographs, text, graphics, pictures, designs, music, sound, video, information and other materials, content or items belonging to or originating from third parties (the “Third Party Content”). The content and links are provided as a courtesy to Users. Filosano has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content. Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness or completeness by Filosano, and Filosano is not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Filosano. If you decide to leave the Site and access the Third Party Sites or to use, reference or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites or Third Party Content.
FILOSANO WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR THE PRIVACY PRACTICES OR OTHER ACTIONS OF ANY THIRD PARTY SITES OR THIRD PARTY SERVICE PROVIDERS THAT MAY BE ENABLED WITHIN THE SERVICES OR LINKED BY THE SITE.
DMCA Take-Down Notices
If you are a copyright owner or an agent thereof and believe, in good faith, that any materials on the Site infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (the “DMCA”) by sending the following information in writing to Filosano’s designated copyright agent at info@Filosano.com:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable Filosano to locate the material;
- Information reasonably sufficient to permit Filosano to contact you, such as an address, telephone number and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The failure to send proper notification pursuant to the DMCA may result in our taking incomplete or no action with respect to the allegedly infringing material described in such improper notification, and under some circumstances may even result in liability to the person(s) submitting such improper notifications.
If you believe that your content that has been removed from the Site is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent or pursuant to the law, to post and use the content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number and email address, a statement that you consent to the jurisdiction of the federal court in the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Filosano copyright agent, Filosano may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or User, the removed content may (in Filosano’s discretion) be reinstated on the Site within 10 to 14 business days after receipt of the counter-notice.
terms of sale
Except as provided in this section, the terms and conditions applicable to any User’s purchase of products through the Site or Services are governed by Filosano’s Vendor Code and the sales policies the Vendors communicate to you on the page that lists the Vendor’s products for sale, including, without limitation, with respect to shipping, risk of loss and payment.
Vendors attempt to be as accurate as possible in describing their products. However, Filosano does not warrant that product descriptions are accurate, complete, reliable, current or error-free. If a product offered by a Vendor is not as described, your sole remedy is to return it in its original packaging and in unused condition.
In the event a product is listed on the Site at an incorrect price or with incorrect information due to a typographical error or an error in pricing or product information received from Vendors or our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall instruct the third party payment processing service provider to issue a credit to your credit card account in the amount of the charge within fourteen (14) business days.
THE SERVICES AND THE SITE ARE PROVIDED “AS IS,” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FILOSANO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES, THE SITE AND ANY GOODS PURCHASED THROUGH THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FILOSANO MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR ANY CONTENT WILL BE COMPLETE, COMPREHENSIVE, ACCURATE OR UP-TO-DATE. FILOSANO MAKES NO WARRANTY OR REPRESENTATION THAT THE SITE, SERVICES, INFORMATION OR OTHER MATERIAL OR GOODS OBTAINED BY YOU THROUGH THE SERVICES AND THE SITE WILL MEET YOUR EXPECTATIONS.
FILOSANO IS NOT RESPONSIBLE FOR THE ACCURACY, AVAILABILITY OR RELIABILITY OF ANY INFORMATION, CONTENT, GOODS, DATA, OPINIONS, ADVICE OR STATEMENTS MADE AVAILABLE ON THE SITE OR THROUGH THE SERVICES. AS SUCH, FILOSANO IS NOT LIABLE FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON SUCH INFORMATION OR GOODS. FILOSANO ENABLES THESE FEATURES AS A CONVENIENCE AND THE INCLUSION OF SUCH FEATURES DOES NOT IMPLY AN ENDORSEMENT OR RECOMMENDATION.
YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SITE AND THE SERVICES AND ANY INFORMATION, CONTENT OR OTHER MATERIAL OR GOODS OBTAINED FROM OR THROUGH THE SITE AND/OR THE SERVICES, EXCEPT TO THE EXTENT SUCH GOODS OR SERVICES ARE SUBJECT TO A WARRANTY OFFERED BY A VENDOR, IN WHICH CASE SUCH VENDOR SHALL BE SOLELY RESPONSIBLE WITH RESPECT TO SUCH WARRANTY.
LIMITATION OF DAMAGES; RELEASE
If you have a dispute with one or more Users, Vendors or any other third party resulting from or arising out of or in connection with your use of the Site or Services, you release Filosano (and our officers, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including, without limitation, damages, injunctive relief, attorneys’ fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
TERM AND TERMINATION AND EFFECT OF TERMINATION
You may terminate your Filosano account at any time by providing Filosano with notice of termination via email to info@Filosano.com.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
Dispute Resolution – Arbitration, No Class Action
Such arbitration will be conducted in San Francisco, California in accordance with the rules of the American Arbitration Association (“AAA”) then in effect, including the AAA’s Commercial Arbitration Rules, before a single arbitrator appointed in accordance with such rules and applying the laws of the State of California, without regard to conflict of law provisions. Judgment upon any award rendered therein may be entered and enforcement obtained thereon in any court having jurisdiction. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have authority to grant any form of appropriate relief (other than punitive damages), whether legal or equitable in nature, including specific performance. Filosano and you agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims or disputes shall be settled in this manner in lieu of any action at law or equity. By agreeing to arbitrate, you are agreeing to waive your right to a jury trial.
If you intend to seek arbitration you must first send written notice to Filosano of your intent to arbitrate (“Notice”). The Notice to Filosano should be clearly labeled “Notice of Intent to Bring Dispute to Arbitration” and be sent by email to Filosano at email@example.com. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought.
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION FILOSANO AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Notwithstanding the above, Filosano and you also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
This site is created and controlled by us in the State of California, USA without giving effect to any principles of conflicts of laws. As such, the laws of the United States and of the State of California will govern these disclaimers, terms and conditions.
Please send any questions or comments regarding this Site to:
Filosano, 176 Holladay Ave, San Francisco California 94110
Have questions? Contact us at firstname.lastname@example.org