Conditions of Use, Notices, and Revisions

If you choose to use Faliam Services, your use and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of California. If you have any concern about privacy at Faliam, please contact us with a thorough description, and we will try to resolve it. Our business changes constantly, and our Privacy Notice will change also. You should check our websites frequently to see recent changes. Unless stated otherwise, our current Privacy Notice applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.

Conditions of Use

Welcome to Faliam, Inc. Faliam, Inc. and/or its affiliates (“Faliam”) provide website features and other products and services to you when you visit or shop at faliam.com, use Faliam products or services, or use software provided by Faliam in connection with any of the foregoing (collectively, “Faliam Services”). Faliam provides the Faliam Services subject to the following conditions.

By using Faliam Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Faliam Services, and sometimes additional terms may apply. When you use a Faliam Service (for example, Your Profile, Bundles, or Dashboard) you also will be subject to the guidelines, terms and agreements applicable to that Faliam Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

Privacy

Please review our Privacy Notice, which also governs your use of Faliam Services, to understand our practices.

Electronic Communications

When you use Faliam Services or send e-mails and other communication from your device to us, you may be communicating with us electronically. You consent to receive communication from us electronically, such as e-mails or notices and messages on faliam.com or through Faliam Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included in or made available through any Faliam Service, such as text, graphics, logos, button icons, images, data compilations, and software is the property of Faliam or its affiliates and protected by United States and international copyright laws. The compilation of all content included in or made available through any Faliam Service is the exclusive property of Faliam and protected by U.S. and international copyright laws.

Trademarks

All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Faliam Service are trademarks or trade dress of Faliam in the U.S. and other countries. Faliam's trademarks and trade dress may not be used in connection with any product or service that is not Faliam's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Faliam. All other trademarks not owned by Faliam that appear in any Faliam Service are the property of their respective owners, who may or may not be affiliated with, or connected to Faliam.

License and Access

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Faliam grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Faliam Services. This license does not include any resale or commercial use of any Faliam Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Faliam Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Faliam. No Faliam Service, nor any part of any Faliam Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Faliam. 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 Faliam without express written consent. You may not use any meta tags or any other "hidden text" utilizing Faliam's name or trademarks without the express written consent of Faliam. You may not misuse the Faliam Services. You may use the Faliam Services only as permitted by law. The licenses granted by Faliam terminate if you do not comply with these Conditions of Use or any Service Terms.

Your Account

You may need your own Faliam account to use certain Faliam Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit PAYMENTS PAGE to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Faliam reserves the right to refuse service, terminate accounts, terminate your rights to use Faliam Services, or cancel orders in its sole discretion.

Reviews, Comments, Communications, and Other Content

You may post reviews, comments, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other information. Faliam reserves the right (but not the obligation) to remove or edit such content. If you do post reviews, comments, or submit suggestions and unless we indicate otherwise, you grant Faliam a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Faliam the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post and that use of the content you supply does not violate this policy and will not cause injury to any person or entity. Faliam has the right but not the obligation to monitor and edit or remove any activity or posted content. Faliam takes no responsibility and assumes no liability for any content posted by you or any third party.

Intellectual Property Complaints

Faliam respects the intellectual property of others. If you believe that your intellectual property right are being infringed, please follow our HYPERLINK TO NOTICE FOR MAKING CLAIMS PAGE.

Risk of Loss

All purchases of physical items from Faliam are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Returns, Refunds and Title

Faliam does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Faliam does not take title to the refunded item. For more information about our returns and refunds, please see our RETURNS PAGE.

Product Descriptions

Faliam attempts to be as accurate as possible. However, Faliam does not warrant that product descriptions or other content of any Faliam Service is accurate, complete, reliable, current, or error-free. If a product offered by Faliam itself is not as described, your sole remedy is to return it in unused condition.

Sanctions and Export Policy

You may not use any Faliam Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Faliam Software), technology, and services.

Other Businesses

Parties other than Faliam operate stores, provide services, or sell product lines through the Faliam Services. In addition, we provide information about affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Faliam. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Faliam does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Disclaimer or Warranties and Limitation of Liability

THE FALIAM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FALIAM SERVICES ARE PROVIDED BY FALIAM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FALIAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FALIAM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FALIAM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FALIAM SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, FALIAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FALIAM DOES NOT WARRANT THAT THE FALIAM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FALIAM SERVICES, FALIAM'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FALIAM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FALIAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FALIAM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FALIAM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Disputes

Any dispute or claim relating in any way to your use of any Faliam Service, or to any products or services sold or distributed by Faliam or through faliam.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each 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 we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Applicable Law

By using any Faliam Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Faliam.

Site Policies, Modification, and Severability

Please review our other policies, such as our PRICING OR RETURNS, posted on this site. These policies also govern your use of Faliam Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Our Address

12130 Millennium Drive, Suite 300

Los Angeles, CA 90094

Additional Faliam Software Terms

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Faliam Services (the "Faliam Software").

  • Use of the Faliam Software. You may use Faliam Software solely for purposes of enabling you to use the Faliam Services as provided by Faliam, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Faliam Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Faliam Software in whole or in part. All software used in any Faliam Service is the property of Faliam and is protected by United States and international copyright laws.

  • Use of Third Party Services.When you use the Faliam Software, you may also be using the services of one or more third parties, such as a payment processing software company. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

  • No Reverse Engineering.You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Faliam Software, whether in whole or in part.

  • Updates.We may offer automatic or manual updates to the Faliam Software at any time and without notice to you.

  • Conflicts.In the event of any conflict between these Conditions of Use and any other Faliam or third-party terms applicable to any portion of Faliam Software, such as open-source license terms, such other terms will control as to that portion of the Faliam Software and to the extent of the conflict.

How To Serve a Subpoena or Other Legal Process

Faliam accepts service of subpoenas or other legal process only through Faliam's Chief Executive Officer. Subpoenas or other legal process may be served by sending them to CEO at the following address:

Faliam, Inc.

HQ

12130 Millennium Drive, Suite 300

Los Angeles, CA 90094

Attn: CEO - Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for purchase information; the name, e-mail, and physical address of a manufacturer for manufacturer information; and IP address and complete time stamps.

Notice For Making Claims of Intellectual Property Infringement

We respond quickly to the concerns of rights owners about any alleged infringement. We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our copyright agent at:

Copyright Agent

Faliam.com

12130 Millennium Drive, Suite 300

Los Angeles, CA 90094

phone: (818) 689-6236

e-mail: salar@faliam.com

Courier address:

Copyright Agent

Faliam.com

12130 Millennium Drive, Suite 300

Los Angeles, CA 90094

USA

Written claims concerning copyright infringement must include the following information:

  • A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;

  • A description of the copyrighted work that you claim has been infringed upon;

  • A description of where the material that you claim is infringing is located on the site;

  • Your address, telephone number, and e-mail address;

  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.