Terms and Conditions – Fernhill Corp
1. User Obligation:
Use of our Site and services constitutes your acknowledgement and acceptance of these Terms and Conditions, which take effect on the date on which you first use our Site and any services offered by us on or beyond the site.
By accessing, using and/or downloading materials from the Site, you agree on your own behalf and on behalf of each entity and person on whose behalf you act, to abide by the terms and conditions set forth below.
The Site reserves the right to change these Terms and Conditions at any time and it is your responsibility to refer to and comply with these terms on accessing the Site and services.
Your continued use of this Site and services after the changes are posted constitutes your acceptance of these terms and conditions as modified and the existing terms and conditions at the time of your use will govern your interaction with the Site or availed services.
If these Terms and Conditions are not accepted in full, you do not have permission to access the contents of the Site and therefore should cease using the Site and services immediately.
2. Copyright and Other Intellectual Property:
The names, images and logos identifying the Site, its related applications, services, associated companies or third parties and their products and services are proprietary marks of Fernhill Corp, its associated companies and/or third parties.
Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of the Site, its associated companies or any other third party.
All copyright, trademarks and other intellectual property rights on the Site and all material or content supplied as part of our Products, Applications & Services shall remain at all times the property of Fernhill or its licensors.
By accessing the Site, you agree that you do so only for your own personal, non-commercial use. You may not agree to, permit or assist in any way any third party to copy, reproduce, download, post, store, distribute, transmit, broadcast, commercially exploit or modify in any way the material or content without prior written permission from Fernhill Corp.
The use of this Site is only for lawful purposes, in a manner which does not infringe the rights of or restrict or inhibit the use and enjoyment of this Site by any third party. Such restriction or inhibition includes, but is not limited to, conduct which is defamatory, or which may harass, cause distress or inconvenience to any person and the transmission of obscene or offensive content or interruption of the normal flow of dialogue within this Site.
4. Third Party Sites/Advertisements / Links:
Fernhill is not responsible for the availability or content of any third-party websites or material you access through this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
The Site does not endorse and is not responsible or liable for any content, advertising, products, services or information on or available from third party websites or material (including payment for and delivery of such products or services).
The Site is not responsible for any damage, loss or offence caused by or, in connection with, any content, advertising, products, services or information available on such websites or material. Any terms, conditions, warranties or representations associated with such dealings, are solely between you and the relevant provider of the service.
Links to this Site must be direct to any complete content page (and not any part of a page) within Fernhill and must not be viewed within the pages of any other application.
Fernhill disclaims all liability for any legal or other consequences (including for infringement of third-party rights) of links made to this application. Links on the site do not imply that the Site endorses, is affiliated or associated with any linked application, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked application is authorized to use any trademark, trade name, logo or copyright symbol of or any of its affiliates or subsidiaries.
5. Disclaimer/Limitation of Liability:
The Site and the information, names, images, pictures, logos and icons relating to Fernhill and/or any associated company, products and services (or to third party products and services), is provided “AS IS” and on an “AS AVAILABLE” basis without any representation or endorsement being made and without warranty of any kind, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. The information and other materials included on the Site may contain inaccuracies and typographical errors.
The Site does not warrant the accuracy or completeness of the information and materials or the reliability of any statement or other information including advertisements displayed or distributed through our website, applications & services (including, without limitation, the information provided through the use of any software).
You acknowledge that any reliance on any such statement or information shall be at your sole risk.
The Site reserves the right, in its sole discretion, to correct any errors or omissions in any part of its website, applications & services and to make changes to its website, applications, services and to the materials, products, programs, services or prices described on its website, applications and services at any time without notice.
In no event will the Site and/or third parties be liable for any damages including, but not limited to, indirect or consequential damages or any damages including, but not limited to, errors or omissions, indirect or consequential damages or any damages whatsoever arising from use, loss of use, data or profits, whether in action of contract, negligence or other action, arising out of or in connection with the use of Fernhillcorp.com, its sites, applications and services.
The Site does not warrant that the functions available on the website, applications and services will be uninterrupted or error free or that defects will be corrected or that the website or the server that makes it available are free of viruses or bugs.
The Site does not represent the full functionality, accuracy or reliability of any material.
The Site reserves the right to terminate, change, suspend or discontinue any aspect of this application, including the availability of any features of our website, applications & services, at any time without notice or liability.
In no event shall the Company, nor its directors, employees, agents, partners, suppliers, or content providers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one hundred dollars (USD 100.00).
From time to time, certain applications and software which is the protected work of the Site or its suppliers may be made available for access or download. You are licensed to use the software on a non-exclusive basis only for the purposes for which it is indicated. You may not use the applications or software for any other purpose and may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise deal with the software.
You agree to indemnify and keep indemnified Fernhill Corp and its associated services from and against all claims, damages, expenses, costs and liabilities arising in any manner from your entry to and use of our website, applications & services other than in accordance with these terms and conditions.
8. Law and jurisdiction:
These Terms and Conditions shall be governed by and construed in accordance with the laws of Maricopa County, Arizona. Any disputes shall be exclusively subject to the jurisdiction of the courts of Maricopa County, Arizona. Any cause of action you may have with respect to your use of the website or application must be commenced within one (1) year after the claim or cause of action arises.
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the law of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive and continue to be binding and enforceable.
Fernhill Corp makes no representation that materials on the website or application are appropriate or available for use at all locations and access to them from regions where their contents are illegal is prohibited. By accessing the website, application or services you agree to take responsibility for compliance with all local laws applicable in your jurisdiction.