FSA Store, Inc., a New York corporation ("we, us, our"), together with its subsidiaries
and affiliates, provides you access and use of FSAStore.com (the"Site"), subject
to your compliance with all terms and conditions of use, including but not limited
to the terms and conditions specified below, that may from time to time be posted
on or linked to the Site.
The Site provides information and ecommerce shopping for products that are intended
to be eligible for purchase under most flexible spending account plans. The Site
offers thousands of products at competitive discount prices. By accessing, browsing,
or using the Site, you agree to be bound by the Site terms and all applicable law.
If you do not agree to be bound by the Site terms and applicable law each time you
use this Site or you do not have authority to agree to or accept these Site terms,
you may not use the Site:
PRIVACY
Please review our Privacy Policy, which also governs your visit to the Site, to
understand our practices.
MODIFICATION OF SITE TERMS
We reserve the right to modify these Site Terms in our sole discretion from time
to time and only FSA Store.com has the right to do so. We encourage you to review
the Site and these terms periodically for any updates or changes. If the Site Terms
are changed, we will post the new terms on the Site and note the date they were
last updated. Any changes or modification will be effective upon posting of the
Site Terms as revised, and your use of the Site following the posting will constitute
your acceptance of the new Site Terms. You agree that all agreements, notices, disclosures
and other communications we provide to you electronically satisfy any legal requirement
that such communications be in writing.
UNITED STATES USAGE
The Site is operated by a U.S. entity and is governed by the state and federal laws
of the United States. The laws of your jurisdiction may be more or less strict than
the laws that apply to this Site. If you access this Site from outside the United
States, you do so at your own risk and are responsible for compliance with the laws
of your jurisdiction.
FSA Store wants you to have a secure, enjoyable visit, so we have established the
following terms and conditions so that we (we and you) know what to expect from
each other. By using the Site you agree to be bound by the terms set forth herein.
We may make changes to the Site, these Terms of Use, or the policies and conditions
that govern the use of the Site at any time.
TRADEMARKS and COPYRIGHT
All trademarks, service marks, product names, company names or logos appearing on
the Site are the property of their respective owners. FSA Store is a service mark
of FSA Store, Inc.
You acknowledge that the Site contains data, information, software, images, photographs,
graphics, videos, text, typefaces, sounds, and other material (collectively "Content")
that are protected by copyrights, trademarks, or other proprietary rights, and that
these rights are valid and protected in all forms. You may not modify, remove, delete,
augment, add to, publish, transmit, participate in the transfer or sale of, create
derivative works from, or in any way exploit any of the Content, in whole or in
part. If specific restrictions are not displayed, you may make personal copies of
select portions of the Content. This must be for non-commercial use and you must
maintain any notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S. copyright laws
(see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute
in any way Content protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other proprietary right. In addition
to the foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software, if any.
YOUR CONDUCT, LICENSE, and SITE ACCESS
We grant you a limited, conditional license to make personal use only of the Site.
Such grant does not include, without limitation: (a) any resale or commercial use
of this Site or any Site Materials (defined below); (b) modification, adaptation,
translation, reverse engineering, decompilation, disassembly or conversion into
human readable form any of the Site materials not intended to be so read, including
use of or directly viewing the underlying HTML or other code from this Site except
as interpreted and displayed in a web browser; (c) copying, imitating, mirroring,
reproducing, distributing, publishing, downloading, displaying, performing, posting
or transmitting any Site Materials (including any FSA Store trademarks) in any form
or by any means, including, but not limited to, electronic, mechanical, photocopying,
recording or otherwise; (d) the collection and use of any product listings or descriptions;
(e) making derivative uses of the Site and any Site Materials; or (f) use of any
data mining, bots, spiders, automated tools or similar data gathering and extraction
methods, directly or indirectly, on the Site Materials or to collect any information
from the Site or any other user of the Site. Except as noted above, you are not
conveyed any right or license by implication, estoppels, or otherwise in or under
a patent, trademark, copyright, or proprietary right of FSA Store or any third party.
You may not use any Meta tags or any other "hidden text" utilizing the FSA Store
service mark, trade name, trademark, or product name without our express written
consent. "Site Materials" means all materials on the Site, including, without limitation,
trademarks (as specifically defined in these Site Terms) design, product description,
HTML text, graphics, other files, photographs, codes, software layout, designs forms
and the selection and arrangement thereof.
We may terminate this license and your use of or access to the Site if you make
or permit any unauthorized use of this Site. Such actions by you may violate applicable
law including, without limitation, copyright laws, trademark laws (including trade
dress), and communications regulations and statutes. We reserve the right to have
all violators prosecuted to the fullest extent of the law.
In consideration of your use of the Site, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the checkout form
for your account information (the "Account Information") and (b) maintain and promptly
update the Account Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete,
or we have reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we may suspend or terminate your account and refuse any
and all current and future use of the Site. Account Information and certain other
information about you is subject to our Privacy Policy. For more information, please
see our full privacy policy page.
You will receive a password and account designation when you have completed the
Account Information. You are responsible for maintaining the confidentiality of
the password and account and are fully responsible for all activities that occur
under your password or account. You agree to immediately notify us of any unauthorized
use of your password or account or any other breach of security. Any conduct by
you that in our sole discretion restricts or inhibits any other user from using
or enjoying the Site will not be permitted. You agree to use the Site only for lawful
purposes.
By using the Site, you agree not to do any of the following:
- Upload to, distribute or otherwise publish through this Site any message, information,
text or other material ("Content") that is unlawful, libelous, defamatory, obscene,
pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity
rights, abusive, inflammatory or otherwise objectionable;
- Upload or transmit any Content that would constitute or encourage a criminal offense,
violate the rights of any party, or that would otherwise create liability or violate
any local, state, national, or international law, including without limitation,
the regulations of the U.S. Securities and Exchange Commission, any rules of any
securities exchange such as the New York Stock Exchange, the American Stock Exchange,
or the Nasdaq Stock Market;
- Upload or transmit any Content that may infringe any patent, trademark, trade secret,
copyright, or other intellectual or proprietary right of any party. By posting any
Content, you represent and warrant that you have the lawful right to distribute
and reproduce such Content;
- Impersonate any person or entity or otherwise misrepresent your affiliation with
a person or entity;
- Upload to, distribute or otherwise publish through this Site any Content such as
charity requests, petitions for signatures, chain letters or letters relating to
pyramid schemes, advertising or solicitations for funds, political campaigning,
mass mailings, any form of unsolicited commercial email or "spam," (regardless of
whether the email itself complies with the requirements of federal or state law
for sending commercial email) or offering or disseminating fraudulent goods, services,
schemes or promotions; and
- Disseminate any harmful content of any kind, including without limitation, viruses,
Trojan horses, worms, time bombs, zombies, cancel bots or any other computer programming
routines that may damage, interfere with, surreptitiously intercept or expropriate
any system, program, data or personal information.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial
purposes, any portion of the Site, use of the Site, or access to the Site.
You agree not to access the Site by any means other than through the interface that
is provided by us for use in accessing the Site.
CHANGES, MISPRINTS, ERRORS AND CANCELLATIONS
Subject to applicable law, and notwithstanding any information, slogans, or materials
displayed on the Site, we: (a) reserve the right to change the goods and services
advertised or offered for sale through this Site, the prices or specifications of
such goods and services, and any promotional offers and any other Site Materials
at any time and from time to time without any notice or liability to you or any
other person; (b) cannot guarantee that goods or services advertised or offered
for sale on this Site will be available when ordered or thereafter; (c) reserve
the right to limit quantities sold or made available for sale; (d) do not warrant
that the Site Materials (including without limitation product descriptions or photographs)
are accurate, complete, reliable, current or error-free; (e) do not warrant that
any specific product offered through the Site, as of the time of purchase or delivery,
is in fact an eligible product for purchase under your FSA plan or under any regulations
or laws covering flexible spending accounts. ; and (f) reserve the right to cancel,
to terminate or not to process orders (including accepted orders) where the price
or other material information on this Site is inaccurate or when we recognize abuse
of our policies. If we do not process an order for such reason, we will advise you
that the order has been cancelled and will either not charge you or will apply credit
to the payment type used in the order. Some jurisdictions may not allow the exclusions
and disclaimers of certain implied warranties, so some of the provisions of this
section may not apply to you. We have made reasonable efforts to ascertain general
eligibility of products and display accurately the colors or appearances of the
products on the Site. If a product offered on the Site is not as described, your
sole remedy is to return it in unused condition for a refund.
If we anticipate being legally required to collect sales tax on merchandise your
order, the tax amount will be added automatically to your purchase price. If an
error in our state sales tax database causes a sales tax over-charge, at any time
up to two years from your date of purchase you may contact us for a refund of tax
overcharges. This right to a refund is your exclusive remedy for sales tax errors.
In the event we have not charged you, or have under-charged you, sales tax legally
applicable to the transaction, you remain exclusively responsible for payment of
the tax to the applicable authority, and will reimburse, indemnify, and hold us
harmless for all such amounts owed to the authority as a result of the transaction.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FSA STORE BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT
NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THIS SITE OR THE
MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING
BUT NOT LIMITED TO NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY)
ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEEDTHE PURCHASE PRICE YOU ACTUALLY
PAID FSA STORE FOR THE PRODUCTS PURCHASED OR APPLICABLE TRANSACTIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR
ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU,
AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
POLICIES AND ENFORCEMENT
All access to and use of this Site is governed by and subject to the Site Terms.
We have the right, but not the obligation, to monitor any activity and Content associated
with forums and interactive areas on this Site. We may access at any time and use
internally for any lawful purpose information stored on our systems, including the
content of any emails or other communications. We may disclose such information
to any third party including law enforcement agencies to protect our rights or property
in response to legal process, or in a good faith belief that such disclosure is
justified or required in an emergency situation. We may investigate any reported
violation of our policies or complaints and take any appropriate action that we
deem appropriate. FSA Store has the right, but not the obligation, to take any action
we deem appropriate, including but limited to action to issue a warning, suspend
or terminate your access and use of the Site and related services at any time, and
block, remove or edit any communication and materials that FSA Store believes in
its sole discretion may violate applicable law, the Site Terms or a third party's
rights. FSA Store takes no responsibility and assumes no liability for any Content
posted or uploaded by you or any third party, or for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
We may terminate your access, or suspend your access to all or part of the Site,
without notice, for any conduct that we, in our sole discretion, believe is in violation
of any applicable law or is harmful to the interests of another user, a third-party
Provider, Merchant, Sponsor, Licensor, service provider, or us.
We reserve the right to limit quantities of items purchased by each customer. In
addition, we reserve the right to cancel any order or part of an order, or refuse
service to anyone for any reason. Such reasons may include, but are not limited
to, unauthorized coupon use, product availability, and price discrepancy. We reserve
the right to charge fees or extra shipping charges for any product that is backordered.
The posting of prices on our Site is not an offer for sale of goods, and the order
confirmation is not an acceptance of an offer to purchase goods. The contract for
sale of goods between us and any customer is not entered into until we charge a
valid credit card or otherwise accept payment.
RESPONSIBILITY FOR YOUR CONDUCT
You remain solely liable for the Content of any messages or other information you
upload or transmit to the discussion forums or interactive areas of this Site. You
agree to indemnify and hold harmless FSA Store and its parents, subsidiaries, affiliates,
employees, agents and representatives from any claim, action, demand, loss, or damages
(including attorneys' fees) made or incurred by any third party arising out of or
relating to your conduct, your violation of these terms and conditions, or your
violation of any rights of a third party. Indirect or attempted violations of these
Site Terms or any policy, and actual or attempted violations by a third party on
behalf of a user of this Site will be considered violations of these Site Terms
by such user.
LINKS TO THIRD PARTY SITES
We may make available a link to a third party's web Site. These links will let you
leave the Site. The linked Sites are not under our control and we are not responsible
for the contents of any linked Site or any link contained in a linked Site, or any
changes or updates to such Sites. We are not responsible for webcasting or any other
form of transmission received from any linked Site. We provide the links to you
only as a convenience. We do not endorse the Site or its use or contents.
SUBMISSIONS
We are pleased to hear from our customers and welcome your comments regarding our
products and the Site. You may post reviews of products or services, comments, suggestions,
or other material ("Submissions") so long as the content of your Submission is not
unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene,
profane, sexually explicit, fraudulent or otherwise objectionable or injurious to
third parties (including, but not limited to, any content that encourages conduct
that would constitute a criminal offense, give rise to civil liability, or otherwise
violate applicable law). You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of your Submission. FSA
Store reserves the right (but not the obligation) to monitor, edit and remove any
Submission but does not regularly review posted Submissions.
By posting or sending us any Submission, you grant FSA Store and its subsidiaries
a non-exclusive, royalty-free, perpetual, and irrevocable and fully sub licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such Submission throughout the world in any media.
You also grant FSA Store and its subsidiaries the right to use the name you submit
in connection with such Submission.
By posting or sending us a Submission, you represent and warrant that you own or
otherwise control all of the rights to the content in your Submission, that the
content you provide is accurate, and that use of the content in your Submission
does not violate this policy and will not cause injury to any person or entity.
You agree to indemnify FSA Store and its subsidiaries against all claims and liabilities
resulting from your Submission. FSA Store does not take any responsibility and assumes
no liability for any Submission posted by you or any other person or entity.
APPLICABLE LAW
We control the Site from our offices within the United States of America. We make
no representation that the Content in the Site is appropriate or available for use
in other locations, and access to them from territories where their content is illegal
is prohibited. Those who choose to access the Site from other locations do so on
their own initiative and are responsible for compliance with applicable local laws.
You may not use or export the Content in violation of U.S. export laws and regulations.
Any claim relating to the Site, the services provided through the Site or the Content
shall be governed by the internal laws of the State of New York, without reference
to its choice of law provisions. You hereby irrevocably consent to the exclusive
personal jurisdiction and venue of the state or federal courts in New York City,
New York, U.S.A.
TERMINATION
If you no longer agree to be bound by the Terms of Use, you must cease your use
of the Site. Subject to applicable law, we reserve the right to suspend or deny,
in our sole discretion, your access to all or any portion of the Site with or without
notice. You agree that any termination of your access to the Site may be effected
without prior notice, and acknowledge and agree that we may immediately deactivate
or delete your account and all related information and files in your account and
bar any further access to such files or the Site. Further, you agree that we shall
not be liable to you or any third-party for any termination of your access to the
Site.
SHIPPING ADDRESS
To make purchases on the Site, you must have a valid shipping address in the United
States or use an APO/FPO U.S. military address.
SALES TAX
Without limitation of any other provision of this Agreement, products that are shipped
to NY State customers are subject to tax at the appropriate state and local rate.
In NY State, the total sales price includes shipping and handling charges.
GENERAL INFORMATION
These Terms of Use constitute the entire agreement between us (you and us) and govern
the use of the Site. You also may be subject to additional terms and conditions
that may apply when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision. If any provision
of the Terms of Use is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other provisions
of the Terms of Use remain in full force and effect. You agree that regardless of
any statute or law to the contrary, any claim or cause of action arising out of
or related to use of the Site or the Terms of Use must be filed within one year
after such claim or cause of action arose or be forever barred.
The section titles in the Terms of Use are for convenience only and have no legal
or contractual effect.
COPYRIGHT COMPLAINTS
FSA Store.com respects the intellectual property of others and expects the users
of our services to do the same.
Procedure for Making Copyright Infringement Claims:
If you believe that your copyrighted work has been copied in a way that constitutes
copyright infringement and is accessible on this Site or through this service, you
may notify our copyright agent, as set forth in the Digital Millennium Copyright
Act of 1998 (DMCA). Please visit DMCA Notice for more information.
COPYRIGHT NOTICE COPYRIGHT NOTICE. Copyright @ 2010 FSA Store, Inc., Address on
File with NY State Dept of Corporations. All rights reserved. Any rights not expressly
granted herein are reserved.
This was last updated on June 29, 2010.
