CAREFULLY READ AND UNDERSTAND THESE TERMS BEFORE ORDERING ANY PRODUCT THROUGH THIS WEBSITE ATTENTION:
This is a legal agreement (the "Agreement") between You, the individual, company or organization ("you", "your", "The Customer" or "Customer") and Fobia d.o.o. ("we", "our", "The Company" or "Company"). By ordering, accessing, using or purchasing any product ("Product") through this website or related websites (collectively the "Website"), you are agreeing to be bound by, and are becoming a party to, this Agreement. We may at our sole and absolute discretion change, add, modify, or delete portions of this Agreement at any time without notice. It is your sole responsibility to review this Agreement for changes prior to use of the Website or purchase of the Product.
We use the information we collect on our websites to provide a superior shopping experience and to communicate with you about products, services and promotions. We collect information about you when you register on our site, place an order, subscribe to our newsletter, respond to a survey, or fill out a form.
The following types of information about a user are among those that may be collected by us in relation to the site: name, postal address, e-mail address, telephone number, mobile phone number, payment information (such as card numbers credit and billing address if purchases or payments are made), date of birth, age, sex, other demographic information (such as occupation, income bracket), IP address, referring site, and other technical information collected by the site server.
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We can also connect to personally and non-personally identifiable information from users via "cookies" (small text files placed by this site on users' computers), GIF image files to single-pixel (also called "Web beacons"), the 'Web server log analysis and other similar technological means. This information can be used to track the trends of the site and improve the user experience, and may be shared with third parties.
You agree to indemnify and hold The Company, their parents and subsidiaries, and each of their respective members, officers, directors, employees, agents, co-branders, content licensors and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site; (b) your breach of the Agreement; (c) your use of The Company Products; (d) any dispute between you and The Company; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of The Company, parents, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
DISCLAIMER OF WARRANTIES
The site, any information contained therein and/or any of The Company products are provided to you on an "as is" and "as available" basis and all warranties, expressed and implied are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular but not as a limitation thereof, The Company makes no warranty that the site, any information contained therein and/or any of The Company products: Will meet your requirements; Will be uninterrupted, timely, secure or error-free or that defects will be corrected; Will be free of viruses or other harmful components; Will have security methods employed that will be sufficient against interference with your enjoyment of the site, or against infringement; Will result in any specific weight loss benefit or other health-related outcome; Will be accurate or reliable. The site, any information contained therein and/or any of The Company products may contain bugs, errors, problems or other limitations. The Company will not be liable for the availability of the underlying internet connection associated with the site. No advice or information, whether oral or written, obtained by you from The Company or otherwise through or from the site, shall create any warranty not expressly stated in the agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that The Company shall not be liable to you or any third party for any direct, indirect, incidental, special, consequential and/or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, date or other intangible losses (even if The Company has been advised of the possibility of such damages), to the fullest extent permissible by law for: The use or the inability to use the site, any information contained therein and/or any of The Company products; The cost of procurement of substitute goods and/or services resulting from any goods, data, information, content and/or any of The Company products purchased or obtained from or through the site; The unauthorized access to or alteration of your registration data; The failure to realize any specific weight loss, benefit or other health-related outcome Any other matter relating the site, any information contained therein and/or any of The Company products. This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release The Company from any and all obligations, liabilities and claims in excess of the limitations stated herein. If applicable law does not permit such limitation, the maximum liability of The Company to you under any and all circumstances will be up to hundred ($100.00) dollars. No action, regardless of form, arising out of your use of the site, any information contained therein and/or any of The Company products may be brought by you or The Company more than one (1) year following the event which gave rise to the cause of action. Access to the site would not be provided to you without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions, The Company liability shall be limited to the maximum extent permitted by law.