Accounts, Passwords, and Security
Certain features or services offered on or through the Website may require you to create an account. You are solely responsible for safeguarding the confidentiality of your account information, including your password, and for any activity that occurs under your account. You agree to promptly notify Fucci Inc. at info@fucci.ca of any unauthorized use of your account or password or any other breach of security. However, you may be held liable for losses incurred by Fucci Inc. or any other user of or visitor to the Website due to someone else using your password or account.
You may not use anyone else's password or account at any time without the express permission and consent of the holder of that password or account. Fucci Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Fucci Inc. has implemented necessary security measures to ensure a secure shopping experience, including but not limited to:
Placing the database containing personal information out of the reach of intruders.
Storing passwords in encrypted form.
Using SSL when requesting credit card information.
Protecting against common SQL Injection attacks and Cross-Site Scripting.
Placing the system's control panel folder in a private folder.
Ensuring staff passwords are not easily deducible.
Preparing the store's control panel to avoid Brute Force attacks.
Recording the IP addresses of customers engaged in potentially fraudulent activities to protect legitimate customers.
Ensuring store administrators are updated with the latest bug fixes and security patches related to the Web Server, store software, and database.
Disclaimers
Fucci Inc. does not guarantee that the Website or any content, service, or feature of the Website will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Website will provide specific results. The Website and its content are provided on an 'as-is' and 'as-available' basis. All information provided on the Website is subject to change without notice. Fucci Inc. cannot ensure that any files or other data you download from the Website will be free of viruses or contamination or destructive features. Fucci Inc. disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. Fucci Inc. disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Website and/or any Fucci Inc. services. You assume total responsibility for your use of the Website and any linked sites. Your sole remedy against Fucci Inc. for dissatisfaction with the Website or any content is to stop using the Website or any such content. This limitation of relief is a part of the bargain between the parties.
The above disclaimer applies to any damages, liability, or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence, or any other cause of action.
Fucci Inc. reserves the right to do any of the following, at any time, without notice: (1) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason (2) modify or change the Website, or any portion of the Website, and any applicable policies or terms and (3) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will Fucci Inc. be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if Fucci Inc. has been advised of the possibility of such damages.
Indemnity
You agree to indemnify and hold Fucci Inc., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees) made against Fucci Inc. by any third party due to or arising out of or in connection with your use of the Website.
Violation of These Terms of Use
Fucci Inc. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Fucci Inc.'s rights or property, or the rights or property of visitors to or users of the Website, including Fucci Inc.'s customers. Fucci Inc. reserves the right at all times to disclose any information that Fucci Inc. deems necessary to comply with any applicable law, regulation, legal process, or governmental request. Fucci Inc. may also disclose your information when Fucci Inc. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Fucci Inc. may preserve any transmittal or communication by you with Fucci Inc. through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Fucci Inc. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property, or personal safety of Fucci Inc., its employees, users of or visitors to the Website, and the public.
You agree that Fucci Inc. may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice and will cause irreparable harm to Fucci Inc., for which monetary damages would be inadequate, and you consent to Fucci Inc. obtaining any injunctive or equitable relief that Fucci Inc. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Fucci Inc. may have at law or in equity.
You agree that Fucci Inc. may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.
If Fucci Inc. does take any legal action against you as a result of your violation of these Terms of Use, Fucci Inc. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Fucci Inc. You agree that Fucci Inc. will not be liable to you or to any third party for termination of services.
Governing Law and Dispute Resolution
You agree that all matters relating to your access to or use of fucci.ca, including all disputes, will be governed by the laws of Canada. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Except for out-of-pocket expenses, no recovery may be sought or received for damages, but the prevailing party will be entitled to costs and attorneys' fees. In the event of any controversy or dispute between fucci.ca and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.