Last Updated 29 March, 2020
1. Agreement to Terms
1.1 These Terms and Conditions make up a lawfully binding arrangement made in between you, whether personally or on behalf of an entity (you), and Fish Hawk Mtn, situated at Delaware, United States (we, us), concerning your access to and use of the Fish Hawk Mtn (fishhawkmtn.com) site in addition to any associated applications (the Site).
You agree that by accessing the Site and/or Services, you have actually checked out, understood, and consent to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are forbidden from utilizing the Site and Services and you should stop usage immediately. We recommend that you print a copy of these Terms and Conditions for future recommendation.
1.2 The extra policies set out in Section 1.7 listed below, in addition to any additional terms and condition or documents that may be published on the Site from time to time, are specifically incorporated by recommendation.
1.3 We might make changes to these Terms and Conditions at any time. The updated variation of these Terms and Conditions will be suggested by an updated "Revised" date and the updated version will be effective as quickly as it is accessible. You are accountable for examining these Terms and Conditions to stay notified of updates. Your continued use of the Site represents that you have accepted such modifications.
1.4 We may update or alter the Site from time to time to show modifications to our items, our users' requirements and/or our business priorities.
1.5 Our site is directed to individuals living in United Kingdom. The details offered on the Site is not planned for circulation to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or utilize the Services without parental approval.
1.7 Additional policies which also apply to your use of the Site include: ● Certain parts of this Site can be used only on payment of a charge.
2.1 You might not access or use the Site for any function other than that for which we make the site and our services offered. The Site might not be utilized in connection with any industrial endeavors except those that are particularly endorsed or authorized by us.
2.2 As a user of this Site, you agree not to:
3.1 Unless otherwise indicated, the Site and Services including source code, databases, performance, software application, site designs, audio, video, text, photos, and graphics on the Site (Our Content) are owned or certified to us, and are protected by copyright and trade mark laws.
3.2 Except as expressly supplied in these Terms and Conditions, no part of the Site, Services or Our Content might be copied, reproduced, aggregated, republished, uploaded, posted, openly shown, encoded, translated, sent, dispersed, sold, certified, or otherwise exploited for any commercial function whatsoever, without our reveal prior composed authorization.
3.3 Provided that you are qualified to utilize the Site, you are approved a restricted licence to gain access to and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have correctly gained access exclusively for your personal, non-commercial usage.
3.4 You shall not (a) attempt to acquire unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) produce any purpose consisting of error correction, any modifications, adaptions, additions or improvements to the Site or Our Content, including the adjustment of the paper or digital copies you may have downloaded.
3.5 We shall (a) prepare the Site and Our Content with affordable ability and care; and (b) utilize market basic virus detection software application to attempt to block the uploading of material to the Site that contains viruses.
3.6 The material on the Site is attended to general info just. It is not intended to amount to guidance on which you ought to rely. You need to obtain professional or specialist advice prior to taking, or refraining from taking, any action on the basis of the content on the Site.
3.7 Although we clear up efforts to update the info on our site, we make no representations, service warranties or assurances, whether express or implied, that Our Content on the Site is accurate, total or up to date.
4.1 The Site might include links to sites or applications run by 3rd parties.We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their schedule or content.
4.2 We accept no obligation for adverts contained within the Site. If you agree to purchase products and/or services from any 3rd party who advertises in the Site, you do so at your own danger. The marketer, and not us, is accountable for such items and/or services and if you have any concerns or grievances in relation to them, you need to get in touch with the advertiser.
5.1 We book the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anybody in breach of appropriate laws or these Terms and Conditions; (3) eliminate from the Site or otherwise disable all files and material that are excessive in size or remain in any way a burden to our systems; and (4) otherwise handle the Site in a way developed to secure our rights and home and to assist in the proper functioning of the Site and Services.
5.2 We do not ensure that the Site will be safe or free from bugs or infections.
5.3 You are accountable for configuring your information technology, computer programs and platform to access the Site and you ought to utilize your own infection protection software application.
6.1 We reserve the right to change, customize, or eliminate the contents of the Site at any time or for any factor at our sole discretion without notice. We likewise book the right to modify or stop all or part of the Services without notice at any time.
6.2 We can not ensure the Site and Services will be offered at all times. We may experience hardware, software application, or other issues or need to carry out upkeep related to the Site, resulting in interruptions, hold-ups, or errors. You agree that we have no liability whatsoever for any loss, damage, or hassle caused by your failure to access or use the Site or Services throughout any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to provide any corrections, updates, or releases.
6.3 There might be details on the Site which contains typographical errors, inaccuracies, or omissions that may connect to the Services, including descriptions, pricing, accessibility, and numerous other details. We book the right to remedy any mistakes, errors, or omissions and to alter or upgrade the details at any time, without previous notification.
7.1 The Site and Services are provided on an as-is and as-available basis. You concur that your use of the Site and/or Services will be at your sole danger except as specifically set out in these Terms and Conditions. All service warranties, terms, conditions and undertakings, express or implied (including by statute, custom-made or usage, a course of dealing, or common law) in connection with the Site and Services and your usage thereof including, without constraint, the suggested service warranties of acceptable quality, fitness for a specific purpose and non-infringement are excluded to the fullest level permitted by suitable law.
We make no service warranties or representations about the accuracy or completeness of the Site's content and are not liable for any (1) errors or omissions in material: (2) any unapproved access to or use of our servers and/or any and all personal info and/or financial details saved on our server; (3) any disruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be sent to or through the website by any 3rd party. We will not be accountable for any hold-up or failure to adhere to our commitments under these Terms and Conditions if such hold-up or failure is brought on by an occasion beyond our sensible control.
7.2 Our duty for loss or damage suffered by you:
Whether you are a consumer or a company user:
● We do not leave out or restrict in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our staff members, agents or subcontractors and for fraud or deceitful misrepresentation.
● If we stop working to abide by these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you began using the Site/Services.
Regardless of anything on the contrary consisted of in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and despite the type of the action, will at all times be limited to an overall aggregate amount equal to the greater of (a) the sum of ₤ 5000 or (b) the amount paid, if any, by you to us for the Services/Site during the 6 (6) month duration prior to any cause of action emerging.
If you are a customer user:
● Please note that we only offer our Site for domestic and private usage. You concur not to utilize our Site for any commercial or business functions, and we have no liability to you for any loss of earnings, loss of service, service disturbance, or loss of business chance.
● If malfunctioning digital material that we have supplied, harms a device or digital content belonging to you and this is caused by our failure to utilize affordable care and ability, we will either fix the damage or pay you compensation.
● You have legal rights in relation to items that are malfunctioning or not as described. Guidance about your legal rights is offered from your regional Citizens' Advice Bureau or Trading Standards workplace. Nothing in these Terms and Conditions will impact these legal rights.
8.1 These Terms and Conditions will stay completely force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your usage or participation at any time, for any reason, by following the guidelines for ending user accounts in your account settings, if available, or by contacting us at our email address.
8.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notification or liability, reject access to and use of the Site and the Services (consisting of blocking particular IP addresses), to anybody for any reason consisting of without limitation for breach of any representation, warranty or covenant consisted of in these Terms and Conditions or of any applicable law or guideline.
If we identify, in our sole discretion, that your use of the Site/Services remains in breach of these Terms and Conditions or of any relevant law or regulation, we might end your usage or participation in the Site and the Services or delete any material or details that you published at any time, without warning, in our sole discretion.
8.3 If we end or suspend your represent any reason set out in this Section 9, you are restricted from registering and producing a new account under your name, a fake or obtained name, or the name of any 3rd party, even if you might be acting upon behalf of the third party. In addition to ending or suspending your account, we book the right to take proper legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9.1 Visiting the Site, sending us e-mails, and finishing online forms constitute electronic interactions. You consent to get electronic communications and you concur that all agreements, notices, disclosures, and other interactions we provide to you electronically, via email and on the Site, please any legal requirement that such communication be in writing.
You thus consent to using electronic signatures, contracts, orders and other records and to electronic delivery of notifications, policies and records of transactions started or finished by us or via the Site. You hereby waive any rights or requirements under any statutes, guidelines, guidelines, ordinances or other laws in any jurisdiction which need an original signature or delivery or retention of non-electronic records, or to payments or the approving of credits by aside from electronic means.
9.2 These Terms and Conditions and any policies or running rules published by us on the Site or in respect to the Services constitute the entire agreement and understanding in between you and us.
9.3 Our failure to work out or impose any right or arrangement of these Terms and Conditions shall not run as a waiver of such ideal or arrangement.
9.4 We may assign any or all of our rights and commitments to others at any time.
9.5 We will not be responsible or liable for any loss, damage, hold-up or failure to act caused by any cause beyond our sensible control.
9.6 If any provision or part of an arrangement of these Terms and Conditions is illegal, void or unenforceable, that arrangement or part of the arrangement is deemed severable from these Terms and Conditions and does not impact the validity and enforceability of any staying provisions.
9.7 There is no joint endeavor, partnership, work or firm relationship developed between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 For customers just - Please note that these Terms and Conditions, their subject matter and their formation, are governed by English law. You and we both concur that the courts of England and Wales will have unique jurisdiction expect that if you are a homeowner of Northern Ireland you may also bring procedures in Northern Ireland, and if you are resident of Scotland, you may likewise bring proceedings in Scotland. If you have any complaint or dream to raise a conflict under these Terms and Conditions or otherwise in relation to the Site please follow this link http://ec.europa.eu/odr
9.9 An individual who is not a celebration to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
9.10 In order to resolve a grievance concerning the Services or to receive further information regarding use of the Services, please contact us by email at our email address.