Conditions of Use
Last updated: November 1, 2018
Welcome to Fellowone.com. Fellowship of One Corporation and/or its affiliates (“Fellow One”) provide website features and other products and services to you when you visit or shop at Fellowone.com, use Fellowone.com products or services, use Fellowone.com applications for mobile, or any other uses provided by Fellowone.com in connection with any of the foregoing (collectively, “Fellowship of One and Fellowone.com”). Fellowone.com provides the Services subject to the following conditions.
By using Fellowone.com Services, you agree to these conditions. Please read them carefully.
We may offer varying Services, and sometimes additional terms may apply. When you use Fellowone.com (for example, Your Profile, Coupon, Your Media Library, PDF viewer, or the like) you also will be subject to the guidelines, terms and agreements applicable to that Fellowone.com Service (“Terms of Service”). If these Terms of Service are inconsistent with additional Service Terms, then Fellowship of One and Fellowone.com maintains full, complete, undisputed, sole discretion whether Fellowship of One and Fellowone.com controls Terms or not.
When you use Fellowone.com Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, no less than than by email/e-mailing, but also possibly through texts/texting, or other possible notices/messages on our site or through the other possible Fellowone.com Services, and you can retain copies of most 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.
All content included in or made available through any Fellowone.com Service, such as text, graphics, logos, button icons, images, audio clips, books, digital downloads, data compilations, writings and such is the property of Fellowship of One and Fellowone.com or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Fellowone.com Service is the exclusive property of Fellowship of One and Fellowone.com and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Fellowone.com Service are trademarks or trade dress of Fellowship of One and Fellowone.com in the U.S. and other countries. Fellowship of One and Fellowone.com’s trademarks and trade dress may not be used in connection with any product or service that is not Fellowship of One and Fellowone.com’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fellowship of One and/or Fellowone.com. All other trademarks not owned by Fellowship of One and Fellowone.com’s that appear in any Fellowone.com Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fellowship of One and/or Fellowone.com.
Any patents owned by Fellowship of One and Fellowone.com apply to the Fellowship of One and Fellowone.com Services and to the features and services accessible via the Fellowone.com Services. Portions of the Fellowship of One and Fellowone.com Services may operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees or donations, Fellowone.com or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Fellowone.com Services. This license does not include any resale or commercial use of any Fellowone.com Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Fellowone.com 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 Fellowship of One and/or Fellowone.com or its licensors, suppliers, publishers, rights holders, or other content providers. No Fellowone.com Service, nor any part of any Fellowone.com Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Fellowship of One and Fellowone.com. 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 Fellowone.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing Fellowship of One or Fellowone.com’s name or trademarks without the express written consent of Fellowone.com. You may not misuse the Fellowone.com Services. You may use the Fellowone.com Services only as permitted by law. The licenses granted by Fellowone.com terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Fellowone.com account to use certain Fellowone.com Services, and you may be required to be logged in to the account and have a verified 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. 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. Fellowone.com does NOT sell products for children, but it does sell them to adults, who can purchase with a credit card or Paypal or other permitted payment method. You must be 18 years or older to enter, use, download or in any way use the fellowone.com online book store or website. By agreeing to our Terms of Service, you agree you are 18 years or older. If you are under 18, you may use the Fellowone.com Services only with involvement and full permission and authorization of a legal parent or guardian. Parents and guardians may create profiles for people under 18 years of age, but agree fully and completely to all Terms of Service and take full and complete responsibility for the account they create. Any and all product or service listings on Fellowone.com are intended for adults only. Fellowone.com reserves the right to refuse service, terminate accounts, terminate your rights to use Fellowone.com Services, remove or edit content, or cancel orders at its’ full, complete, indisputable, sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send coupons or the like and other communications; 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, mass mailings, 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 content. Fellowone.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Fellowship of One and Fellowone.com 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 Fellowship of One and Fellowone.com and sublicensees 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; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Fellowship of One and Fellowone.com for all claims resulting from content you supply.Fellowship of One and Fellowone.com has the right but not the obligation to monitor and edit or remove any activity or content.Fellowship of One and Fellowone.com takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
Fellowship of One and Fellowone.com respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, or you know of any instance when Fellowship of One and Fellowone.com’s intellectual property rights are being infringed, please Contact Us.
RISK OF LOSS
All purchases of physical items, if any, from Fellowship of One and Fellowone.com are made pursuant to a shipment contract with third-party shippers. This means that the risk of loss and title for such items pass to you upon our delivery to the third-party shipper/carrier.
RETURNS, REFUNDS AND TITLE
Fellowship of One and Fellowone.com does not offer or accept refunds of any kind, ever, except at our sole discretion, and does not take title to returned items until the item is returned and accepted and verified as returned (if applicable, in any variation). At our sole discretion, a refund may or may not be issued without requiring a return. In this situation, if applicable, which is at the full, complete, indisputable, sole discretion of Fellowship of One and Fellowone.com, we will choose to or not to take title to the refunded item. For more information about our returns and refunds, please Contact Us .
Fellowship of One and Fellowone.com attempts to be as accurate as possible. However,Fellowship of One and Fellowone.com does not warrant that product descriptions or other content of any Fellowone.com Service is accurate, complete, reliable, current, or error-free. If a product offered by Fellowship of One and Fellowone.com itself is not as described, your sole remedy is to request a refund in unused condition.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Fellowone.com and other retailers, if applicable. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product on Fellowone.com. Pricing is set at the sole discretion of Fellowship of One and Fellowone.com.
APP/PDF VEIWER PERMISSIONS
When you use apps or viewers created by Fellowship of One and Fellowone.com, such as the Fellowone.com Book PDF Viewer, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, Contact Us.
SANCTIONS AND EXPORT POLICY
You may not use any Fellowship of One and Fellowone.com Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Fellowone.com Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Fellowship of One and Fellowone.com Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE FELLOWSHIP OF ONE AND FELLOWONE.COM SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FELLOWSHIP OF ONE AND FELLOWONE.COM SERVICES ARE PROVIDED BY FELLOWSHIP OF ONE AND FELLOWONE.COM ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FELLOWSHIP OF ONE AND FELLOWONE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE FELLOWSHIP OF ONE AND FELLOWONE.COM SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FELLOWSHIP OF ONE AND FELLOWONE.COM SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE FELLOWSHIP OF ONE AND FELLOWONE.COM SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, FELLOWSHIP OF ONE AND FELLOWONE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FELLOWSHIP OF ONE AND FELLOWONE.COM DOES NOT WARRANT THAT THE FELLOWONE.COM SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE FELLOWONE.COM SERVICES, FELLOWSHIP OF ONE AND FELLOWONE.COM’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM FELLOWONE.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, FELLOWSHIP OF ONE AND FELLOWONE.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY FELLOWONE.COM SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY FELLOWONE.COM SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Fellowone.com Service, or to any products or services sold or distributed by Fellowship of One or through Fellowone.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.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Fellowship of One, 369 Montezuma Ave, Suite 175, Santa Fe, New Mexico 87501. 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.
By using any Fellowone.com, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New Mexico, 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 Fellowship of One and Fellowone.com.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Fellowship of One 369 Montezuma Ave Suite 175 Santa Fe, New Mexico 87501
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, or you aware of any intellectual property rights infringement against Fellowship of One and Fellowone.com, please submit your complaint by Contacting Us. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.