FYGBOX, LLCWEBSITE TERMS OF USE


PLEASE READ THESE WEBSITE TERMS OF USE (“THIS AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THE WWW.FYGBOX.COM WEBSITE (“this website“) ON WHICH THEY ARE POSTED. BY ACCESSING OR USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE WEBSITE TERMS OF USE, OUR PRIVACY POLICY AND, IF YOU SUBMIT AN ORDER FOR PRODUCTS VIA THIS WEBSITE, THE TERMS STATED IN THE ORDER FORM AS REVISED AND POSTED ON THIS WEBSITE FROM TIME TO TIME.

IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF USE AND THE PRIVACY POLICY, OR IF YOU DO NOT HAVE THE LEGAL CAPACITY TO FORM A CONTRACT CONTAINING THE TERMS SET FORTH HEREIN, YOU ARE NOT PERMITTED TO ACCESS OR USE THIS WEBSITE.

We recommend that you read the current Website Terms of Use and Privacy Policy each time you visit this website, whether or not you order products each time.

  1. General Terms; Acceptance of Orders; Registration For purposes of this Agreement, “You” means the individual user of this website and “We” or “Us” of “FYGBOX” refers to FYGBOX, LLC, the owner and operator of this website.

We strive to ensure that all content We provide on this website is current and accurate, but it is possible that from time to time a typographical error, mistake or omission relating to products, pricing or availability may occur.  We reserve the right to correct any such errors, mistakes or omissions and to change the contents of this website at any time without prior notice, even if you have submitted an order based on incorrect or outdated information.  Product information and advertisements We provide on this website are not to be considered a binding offer to sell such products on the terms displayed.  No order made via this website is final until We accept it, process Your payment and notify You of acceptance.

If You register an account with Us, We strongly recommend that You keep Your user name and password confidential to avoid someone else using Your account without Your permission.  You will be solely responsible for all transactions and fees associated with Your account.

You acknowledge and agree that We may provide the products and services described and sold on this website through one or more third party suppliers, affiliates, employees, agents or other third parties. Furthermore, You acknowledge and agree that We may modify or cease to provide (permanently or temporarily) all or any portion of those products and services from time to time without prior notice to You.

We may terminate Your access to and use of this website at any time in our absolute discretion without prior notice to You.  Each party’s rights and obligations under this Agreement that accrue prior to termination of such access or termination of this Agreement will survive such termination.  In addition, the provisions of this Agreement that by their nature apply after this Agreement terminates shall survive termination and remain in effect indefinitely.

  1. Order Acceptance, Modification and Cancellation

FYGBOX reserves the right to reject any order at any time.  We will use our commercially reasonable efforts to notify you by email within 10 business days of our receipt of your properly completed order form and payment if we wish to reject it, but we cannot promise that we will do so within that time period.  Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute our agreement to fill or deliver your order.

 

We reserve the right at any time after receipt of your order to limit or modify your order for any reason (for example, if any item offered on this website is not available or its price has changed), whether or not you have paid for that order.  If we cancel or modify your order, we may offer you a substitute product.  If you do not accept the substitution we offer, you will receive a refund for that part of your order.

 

We use commercially reasonable efforts to process and deliver orders we accept promptly.  However, we are not responsible for orders that are not accepted, processed or delivered on a timely basis due to factors beyond our reasonable control.

 

  1. Payment Terms; Sales & Other Taxes
    Terms of payment are within our sole discretion and may be changed at any time by posting different payment terms on this website. By placing an order, you represent and warrant to FYGBOX that (i) the credit or debit card information you supply to us is current, correct and complete and that you are authorized to use that account and (ii) charges incurred by you using a credit or debit card will be honored by your credit or debit card company or bank.

 

Any sales and other taxes imposed by applicable jurisdictions will be added to the purchase price of the products you order. Charges for shipping and handling will be made in accordance with our then-current shipping policies, as described below and in the order form available via this website.

 

  1. Changes in Products and Pricing

We sometimes update our product offerings, and we may discontinue products at any time without prior notice, or they may be discontinued by the supplier from which we obtain them.  To the extent that we advertise products as being available for order, you should not rely on such information until you receive notice that we have accepted your order, and we will not be liable for any lack of availability of products that you order through this website.

 

All product pricing and delivery charges stated on our website are subject to change.  We reserve the right to adjust product and delivery prices due to changing market conditions, product discontinuation, price changes by our suppliers, errors in advertisements or the content of this website, and other circumstances beyond our reasonable control.

 

  1. Shipping Policy

You agree to pay any special shipping and handling fees applicable to your order based on factors such as adverse weather conditions, remote delivery location and other unusual shipping conditions. Delivery of your order also may be delayed if we experience difficulties in obtaining authorization for the credit or debit card charges.  Time permitting, our shipping department will contact you with details of any known shipping delays.  We do not ship to PO Box addresses.

 

If products you order are damaged in transit, as shown to the satisfaction of FYGBOX, we either will arrange for delivery of replacement products or offer you a refund for the damaged item, at our sole discretion.  IF FYGBOX REFUNDS OR CREDITS THE PURCHASE PRICE AND DELIVERY CHARGES PAID BY YOU FOR AN ORDER, OR FOR ANY ITEM CONTAINED IN AN ORDER, THAT IS DAMAGED, THAT REFUND OR CREDIT  WILL CONSTITUTE YOUR SOLE AND EXCLUSIVE REMEDY.

 

FYGBOX reserves the right to change its shipping policy in its sole discretion at any time.

  1. Your Representations to Us In consideration of your access to and use of this website, You represent and warrant to Us that You are of legal age to form a binding contract, and are not a person who is barred from accessing and using this website or transacting business in the United States of America under any laws applicable to You. You agree to use this website only for those purposes permitted by this Agreement and applicable laws in the relevant jurisdictions. By providing Us with your email address and/or text address, You are authorizing Us to send you information about Your orders and deliveries, as well as information regarding special offers and notices required by law or contract.
  2. Collection, Storage and Use of Certain Information

            7.1 Non-Personally Identifiable Information.  You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by Us and our affiliates, partners and agents of any information and data related to or derived from Your use of this website or any mobile device application We provide or offer, and any information or data that You provide to Us or to Our affiliates, partners, agents or licensors (collectively, the “Information”). Without limiting the generality of the foregoing, “the Information” shall include the following types of information and data (in all forms and media) in aggregate, non-personally identifiable forms (whether collected and stored via this website or in connection with Your use of a mobile application provided or offered by Us): voice, location, search requests, internet search inputs and results, patterns, suggestions based on user actions and other data.  The Information will be treated by Us as non-confidential and non-proprietary, and We assume no obligation to protect any information You deem confidential or proprietary (other than personally identifiable information in accordance with Our Privacy Policy) from disclosure. We shall have the right to freely reproduce, use, share, manipulate and distribute to others the Information in all forms and media without restriction. We also shall have the right to freely use the Information and any ideas, concepts, know-how, strategies or techniques contained in the Information for any purpose whatsoever including, without limitation, developing and marketing products and services incorporating or based upon such Information.  Such right shall continue notwithstanding any expiration or termination of this Agreement as to all Information collected prior to such expiration or termination.

7.2  Customer Feedback.  You hereby grant Us a worldwide, perpetual, irrevocable, royalty-free license to use and to incorporate into this website and other content, materials and social media any recommendations, suggestions, reviews and other communications from You to Us or about Us or Our products or services.

  1. Restrictions on Use of Website Content & Mobile Device Applications

            8.1 Website Content. In consideration of Your access to this website, You agree not to: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt all or any portion of this website; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from this website or create any link to this website; (c) violate any applicable laws, rules or regulations in connection with Your access to or use of this website; (d) remove, alter or obscure any proprietary notice (including any copyright or trademark notice) which appears on this website or a mobile device application we provide or offer; (e) reproduce, duplicate, copy, sell, trade, resell or use any of the content of this website for any purpose; (f) use this website for data mining, scraping, crawling or compiling a collection of information including, without limitation, any product or service that is, directly or indirectly, competitive with or a substitute for the products and services offered by Us; (g) use this website to send automated queries or unsolicited commercial e-mail to Us or to upload, post, email, transmit or otherwise make available any inappropriate, defamatory, obscene, infringing or unlawful content or to transmit spam, chain letters or other unsolicited email; or (h) use the content of this website or any other proprietary information, intellectual property or work product of Ours in the design, development, copying, licensing or distribution of any products, services or materials.

As a condition to Your access to this website, You further agree not to engage in any of the following prohibited activities: (i) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access this website in a manner that sends more request messages to Our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that operators of public search engines have Our revocable permission to use spiders to copy publicly available materials from fygbox.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (ii) attempting to interfere with, compromise the integrity or security of this website or decipher any transmissions to or from the servers hosting this website; (iii) taking any action that imposes or may impose an unreasonable load on Our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through this website; (v) collecting or harvesting any personally identifiable information, including account names, from the website or Our servers; (vi) using this website or Our servers for any commercial solicitation purposes; (vii) impersonating another person or otherwise misrepresenting Your affiliation with a person or entity, conducting fraud, hiding or attempting to hide Your identity; (viii) interfering with the proper working of this website; (ix) accessing any content on this website through any technology or means other than those intentionally provided or authorized by this website; or (x) bypassing the measures We may use to prevent or restrict access to this website, including without limitation features that prevent or restrict use or copying of content or enforce limits on use of this website or its content.

8.2 Mobile Device Software & Applications.  We may make available software and applications that enable mobile devices to access and interface with the website (“Mobile Software“). We do not represent or warrant that the Mobile Software will be compatible with Your mobile device or its operating system. You agree not to: (i) modify, disassemble, decompile or reverse engineer any Mobile Software, except to the extent that such restriction is expressly prohibited by applicable law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any other person or entity (iii) make any copies of or derivative works from the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright, trademark and other proprietary rights notices on the Mobile Software. You acknowledge that We may from time to time issue upgrades or replacement versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that You have installed on your mobile device. You consent to such automatic upgrading and replacement if and when it occurs, and agree that the version of this Agreement then in effect will apply to all such upgrades and replacements.

 

Any third-party code incorporated in the Mobile Software is covered by the applicable open source or third-party license agreement, if any, authorizing use of such code. We or Our third party suppliers retain all right, title, and interest in the Mobile Software (and any copies thereof) subject to any license issued to You.  The Mobile Software originates in the United States of America, and is subject to United States export laws and regulations and also may be subject to the import and export laws of other countries. You agree to comply with all applicable laws related to use of the Mobile Software.

 

8.3  Cookies, Etc.  This website, like most other commercial websites, may automatically track and collect certain information about Your usage that does not identify You individually.  That is done through the use of tools commonly known as “cookies,” web beacons, pixel tags, web server logs and other statistical programs and applications.  Your internet browser may have an option that allows you to accept or reject cookies and similar tracking programs and applications.  If you choose to use restrictive browser settings, that may limit the functionality available to You when using this website.

  1. Intellectual Property Rights

9.1. Rights to Website Content. You acknowledge and agree that all material contained on this website at any time, including textual, photographic and video content, all improvements, enhancements and derivative works made by any person, and all copyrights, trademarks (except trademarks of Our third party suppliers, which are owned by them) and other intellectual property rights associated therewith, are and shall remain Our exclusive property, and that You do not have and will not obtain any ownership therein or any right to use any of the foregoing except for the business purposes of FYGBOX for which this website is intended. Furthermore, You acknowledge and agree that the source and object code, format, structure, tools, graphics, icons, algorithms, organization and other features and functions of this website are Our confidential intellectual property and Our exclusive proprietary information and may not be used, copied or imitated without our prior written consent.

9.2. Our Marks. You acknowledge and agree that the trade names, trademarks, service marks, design marks and logos that appear on this website or in the Mobile Software (collectively, the “FYGBOX Marks”), as well as all copyrights therein and all other proprietary rights thereto, are owned exclusively by Us and shall remain Our property. You are not authorized to use the FYGBOX Marks in any manner without our prior written consent, which may be withheld at our sole discretion.

  1. Third Party Content, Products and Services

10.1. General. You acknowledge that this website may display or link to information about products, services, other websites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers and other third parties (“Third Party Content”) that We do not own or control.  You acknowledge and agree that Your access to and use of such Third Party Content is solely at Your own risk and that We do not warrant the quality, accuracy, value, reliability or legality of such content. You acknowledge and agree that Your right to access and use such other websites may be subject to and governed by the terms of an open source or third party license applicable to those websites, and that such websites could contain malware, viruses, cookies and other unwanted code for which We shall have no liability to You.   You acknowledge and agree that We do not endorse or recommend such third party websites, products, advertisements, information and materials.   The Digital Millennium Copyright Act imposes limits on Our liability for such content that are in addition to those contained in this Agreement.

10.2. Disclaimer of Warranties re Third Party Content. You acknowledge that We do not investigate, monitor, represent or endorse any of the Third Party Content, and that accessing and using it is solely at Your own risk.  You acknowledge and agree that We and Our owners, affiliates, agents, and licensors shall have no liability to You arising out of or in connection with Your access to and use of Third Party Content. We hereby disclaim any representation, warranty or guaranty regarding Third Party Content, whether express, implied or statutory, including, without limitation, implied warranties of merchantability or fitness for a particular purpose, and disclaim any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content.

  1. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THAT YOUR USE OF OR RELIANCE ON THIS WEBSITE IS AT YOUR SOLE RISK AND DISCRETION. WE AND OUR OWNERS, AFFILIATES, EMPLOYEES, AGENTS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES REGARDING THIS WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. NO WARRANTY IS MADE THAT (I) THIS WEBSITE OR THE PRODUCTS WE OFFER WILL MEET YOUR REQUIREMENTS; (II) THIS WEBSITE WILL BE CONTINUOUSLY AVAILABLE, TIMELY, CURRENT, ACCURATE, RELIABLE, COMPLETE, SECURE FROM HACKING OR OTHER INTRUSION BY THIRD PARTIES, OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, AND INFORMATION ACCESSED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS; (IV) THIS WEBSITE WILL PROPERLY STORE, COLLECT AND RETAIN ANY INFORMATION YOU SUBMIT; OR (V) ANY ERRORS IN THIS WEBSITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR EMPLOYEES OR AGENTS OR FROM THIS WEBSITE SHALL CONSTITUTE ANY REPRESENTATION, WARRANTY OR GUARANTEE.

 

WE MAKE NO REPRESENTATION OR WARRANTY THAT YOUR USE OF THIS WEBSITE AND ANY PERSONAL OR FINANCIAL INFORMATION YOU PROVIDE WILL BE SECURE, OR THAT THIS WEBSITE OR THE SERVERS AND OTHER SYSTEM COMPONENTS WE USE WILL BE FREE OF DEFECTS, VIRUSES, TROJAN HORSES, SPYWARE, MALWARE AND OTHER HARMFUL COMPONENTS, AND WE DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR ANY OF THE FOREGOING THAT MAY EXIST AT ANY TIME.

 

WE MAKE NO WARRANTY, AND DISCLAIM ANY LIABILITY WE OTHERWISE MIGHT HAVE, FOR ANY DAMAGE, DELAY, ACCIDENTAL DISCLOSURE OR MALFUNCTION CAUSED BY ANY THIRD PARTY CLOUD, HOSTING, INTERNET SERVICE, TELECOMMUNICATIONS OR OTHER PROVIDERS, OR BY ANY ELEMENTS OF THIS WEBSITE THAT CONSIST OF SOFTWARE, APPLICATIONS OR TOOLS SUPPPLIED BY THIRD PARTIES.

  1. Limitation of Our Liability UNDER NO CIRCUMSTANCES SHALL WE OR OUR OWNERS, AFFILIATES, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THIS WEBSITE OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR AGGREGATE LIABILITY TO YOU (WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, STATUTE OR OTHER THEORY OF LIABILITY), AND TO ANY RECIPIENTS OF PRODUCTS AND SERVICES YOU PURCHASE VIA THIS WEBSITE, ARISING OUT OF OR RELATING TO YOUR ACCESS TO AND USE OF THIS WEBSITE, THE PERFORMANCE OR BREACH OF THIS AGREEMENT AND THE TRANSACTIONS CONTEMPLATED HEREBY SHALL NOT EXCEED THE AMOUNT, IF ANY, YOU PAY TO US FOR THE INITIAL ORIGINAL ORDER. THAT LIMITATION WILL APPLY WHETHER A CLAIM OR ACTION IS BROUGHT IN CONTRACT, TORT OR OTHER FORM, AND REGARDLESS OF THE THEORY OF LIABILITY.  OUR OWNERS, MANAGERS, OFFICERS, EMPLOYEES AND AGENTS SHALL NOT IN ANY CIRCUMSTANCES HAVE ANY OBLIGATION OR LIABILITY TO YOU.  THE FOREGOING LIMITATIONS ARE AN ESSENTIAL CONDITION TO YOUR USE OF THIS WEBSITE, AND WILL APPLY EVEN IF THIS STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  1. Your Indemnification Obligations You agree to indemnify, defend and hold harmless Us and Our owners, affiliates, employees, agents and licensors from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, attorneys’ fees) arising out of or in connection with: (i) Your access to or use of this website; (ii) Your breach of this Agreement; and (iii) Your violation or misappropriation of any intellectual property or other proprietary rights of Us or any third party. These obligations will survive Your cessation of use of this website and the expiration or termination of Your order.
  2. Governing Law; Mandatory Arbitration; Other Provisions

14.1. Governing Law. This website is operated and controlled from within the State of Colorado.  This Agreement shall be deemed to be executed and performed in the State of Colorado, and shall be governed by and construed in accordance with the internal laws of the State of Colorado, excluding any conflicts of law principles thereof that would cause the laws of a different jurisdiction to apply. If You access this website from any location outside the State of Colorado, You are responsible for compliance with the applicable laws of that jurisdiction.

14.2. Mandatory Arbitration; WAIVER OF JURY TRIAL AND OTHER REMEDIES.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND CLAIMS, AND LIMITS THE MANNER IN WHICH YOU CAN SEEK OTHER RELIEF FROM US.

If any dispute or claim arises with respect to this Agreement, the performance or breach hereof or this website, you agree to first contact us at support@fygbox.com and attempt in good faith to resolve the dispute or claim with us informally.  In the unlikely event that the dispute or claim is not resolved within sixty (60) days, you and we agree to resolve the dispute or claim (excluding any action for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof,  by binding arbitration by JAMS, Inc. or its successor (“JAMS“), under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided otherwise herein.  The arbitration will be conducted in Boulder County, Colorado, unless you and we agree otherwise.

You and FYGBOX will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses payable by one of the parties. In addition, (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS, and (ii) the award rendered by the arbitrator may or may not include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses.  Any judgment or award rendered by the arbitrator may be entered in any court of competent jurisdiction for enforcement.

Nothing in this Agreement shall be deemed to prevent us from seeking injunctive or other equitable relief from an arbitrator or court as we deem necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.

The laws of your jurisdiction of residence may permit you to sue in a small claims court without first engaging in arbitration, but this does not absolve you of the requirement under this Agreement to first engage in the informal dispute resolution process with us described above.

You irrevocably agree to be subject to, and thereby irrevocably submit to, the personal jurisdiction of the municipal, state and federal courts in the State of Colorado with respect to any appeal of an arbitration award or for any court proceedings in the event that the mandatory arbitration provision above is held to be unenforceable by an arbitrator or court having proper jurisdiction, and hereby irrevocably agree that venue in such courts is proper.

ALL CLAIMS AND DISPUTES RELATING TO THIS AGREEMENT, THE PERFORMANCE OR BREACH HEREOF, THE TRANSACTIONS CONTEMPLATED HEREBY OR THIS WEBSITE MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING, WHICH YOU HEREBY IRREVOCABLY WAIVE.  THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, AN ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR DISPUTES AGAINST US. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

            14.3. Modification or Amendment. You acknowledge and agree that We have the right to modify or amend the terms of this Agreement by posting the modified or amended Agreement on this website without prior notice to You. Your continued use of this website following the date on which the modification or amendment is posted on this website will constitute Your agreement to be bound by the terms thereof.

14.4  Entire Agreement; Conflicting Terms; Assignability.  This Agreement, Your completed order form, and our Privacy Policy in the aggregate constitute the entire and exclusive and final statement of the contract between You and Us with respect to the subject matter hereof and thereof, superseding any prior agreements, communications or negotiations with respect to the subject matter hereof and thereof.  Any other communication between You and Us or our agents shall not alter, supersede or add to the terms stated herein and therein.  Any attempt by You to alter, supplement or amend this Agreement shall be null and void, unless otherwise explicitly stated in a written agreement signed by You and Us.

If for any reason any provision of this Agreement is found by an arbitrator or court of competent jurisdiction to be unenforceable, then You and We intend that such provision shall be enforced to the maximum extent permissible by law so as to effect the intent of that provision as closely as possible, and the remainder of this Agreement shall continue in full force and effect.

Any failure or delay by FYGBOX or our employees or agents to exercise or enforce any right available under applicable law or any provision of this Agreement shall not constitute a waiver of such right or provision.  To the extent that anything in or associated with this website conflicts or is inconsistent with this Agreement or Privacy Policy, then this Agreement and the Privacy Policy shall take precedence.  If there is any conflict or inconsistency between Your completed and accepted order form and this Agreement or Privacy Policy, this Agreement or Privacy Policy, as applicable, shall control with respect to the conflicting term.

This Agreement is not assignable by You, but will inure to the benefit of, and be binding on, the parties and their respective heirs and successors.  This Agreement may be assigned by Us to any successor to all or the majority of Our business.

**************** End of Website Terms of UseRevised September 17th, 2017 ***************