Terms & Conditions

Last updated: August 30, 2022

Please read these terms and conditions carefully before using Our Service.

Introduction

These Website Standard Terms and Conditions shall manage your use of this website.

  • These Terms will be applied fully and affect to your use of this Website.
  • By using this Website, you agreed to accept all terms and conditions written in here.
  • You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
  • The content of this site is aimed at general audiences, but parental guidance is suggested as appropriate for all activities by minors on the Internet.
  • This Website is owned and operated by Fork Union Military Academy

Our Terms and Conditions

Interpretation and Definitions

Interpretation

  • The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: Virginia, United States of America
  • Company (referred to as either "FUMA", "the Company", "We", "Us" or "Our" in this Agreement) refers to Fork Union Military Academy, PO Box 278, 4744 James Madison Hwy, Fork Union, VA 23055.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Goods refer to the items offered for sale on the Service.
  • Orders mean a request by You to purchase Goods from Us.
  • Service refers to the Website.
  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to the Fork Union Military Academy website, accessible from https://www.forkunion.com.
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

  • These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
  • Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
  • By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
  • Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property Rights

  • Other than the content you own, under these Terms, Fork Union Military Academy and/or its licensors own all the intellectual property rights and materials contained in this Website.
  • You are granted limited license only for purposes of viewing the material contained on this Website.
  • Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Fork Union Military Academy ("FUMA").

Links to Other Websites

  • This Website may contain links to third-party websites or services that are not owned or controlled by FUMA.
  • FUMA has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the FUMA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Restrictions

  • You are specifically restricted from all of the following
    • publishing any Website material in any other media;
    • selling, sub-licensing and/or otherwise commercializing any Website material;
    • publicly performing and/or showing any Website material;
    • using this Website in any way that is or may be damaging to this Website;
    • using this Website in any way that impacts user access to this Website;
    • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
    • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
    • using this Website to engage in any advertising or marketing.
  • Certain areas of this Website are restricted from being accessed by you and Fork Union Military Academy may further restrict access by you to any areas of this Website, at any time, in absolute discretion.
  • Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Cadet Store

  • This Website may provide products or other Goods for sale. Sales of such Goods are subject to the terms which follow.

Placing Orders for Goods

  • This Website may provide products or other goods for sale. By placing an Order for Goods through this Website, You warrant that You are legally capable of entering into binding contracts.
  • If You wish to place an Order for Goods available on the Service, You may be
    asked to supply certain information relevant to Your Order including, without
    limitation, Your name, Your email, Your phone number, Your credit card number,
    the expiration date of Your credit card, Your billing address, and Your
    shipping information.
  • You represent and warrant that: (i) You have the legal right to use any credit
    or debit card(s) or other payment method(s) in connection with any Order; and
    that (ii) the information You supply to us is true, correct and complete.
  • By submitting such information, You grant us the right to provide the
    information to payment processing third parties for purposes of facilitating
    the completion of Your Order.

Order Cancellation

  • We reserve the right to refuse or cancel Your Order at any time for certain
    reasons including but not limited to:
    • Goods availability
    • Errors in the description or prices for Goods
    • Errors in Your Order
  • We reserve the right to refuse or cancel Your Order if fraud or an
    unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

  • Any Goods you purchase can only be returned in accordance with these Terms and
    Conditions and Our Returns Policy.
  • Our Returns Policy forms a part of these Terms and Conditions. Please read our
    Returns Policy to learn more about your right to cancel Your Order.
  • You will not have any right to cancel an Order for the supply of any of the following Goods:
    • The supply of Goods made to Your specifications or clearly personalized.
    • The supply of Goods which according to their nature are not suitable to be
      returned, deteriorate rapidly or where the date of expiry is over.
    • The supply of Goods which are not suitable for return due to health
      protection or hygiene reasons and were unsealed after delivery.
    • The supply of Goods which are, after delivery, according to their nature,
      inseparably mixed with other items.
    • The supply of digital content which is not supplied on a tangible medium
      if the performance has begun with Your prior express consent and You have
      acknowledged Your loss of cancellation right.

Availability, Errors, and Inaccuracies

  • We are constantly updating any offerings of Goods on this Website. The Goods
    available on Our Website may be mispriced, described inaccurately, or
    unavailable, and We may experience delays in updating information regarding
    our Goods on this Website and in Our advertising on other websites.
  • We cannot and do not guarantee the accuracy or completeness of any
    information, including prices, product images, specifications, availability,
    and services.
  • We reserve the right to change or update information and to
    correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

  • FUMA reserves the right to revise its prices at any time prior to
    accepting an Order.
  • The prices quoted may be revised by FUMA subsequent to accepting an
    Order in the event of any occurrence affecting delivery caused by government
    action, variation in customs duties, increased shipping charges, higher
    foreign exchange costs and any other matter beyond the control of FUMA.
    In that event, You will have the right to cancel Your Order.

Payments

  • All Goods purchased are subject to a one-time payment. Payment can be made
    through various payment methods we have available, such as Visa, MasterCard,
    American Express cards or online payment methods (PayPal, for
    example).
  • Payment cards (credit cards or debit cards) are subject to validation checks
    and authorization by Your card issuer. If we do not receive the required
    authorization, We will not be liable for any delay or non-delivery of Your
    Order.

Your Content

  • In these Website Standard Terms and Conditions, "Your Content" shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Fork Union Military Academy a non-exclusive, worldwide irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
  • Your Content must be your own and must not be invading any third-party's rights. Fork Union Military Academy reserves the right to remove any of Your Content from this Website at any time without notice.

No Warranties

  • This Website is provided "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind, and Fork Union Military Academy express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
  • To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or
    otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
  • Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
  • Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Termination

  • We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
  • Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

  • In no event shall Fork Union Military Academy, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract.
  • Fork Union Military Academy, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
  • Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Indemnification

  • You hereby indemnify to the fullest extent Fork Union Military Academy from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

  • If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

  • Fork Union Military Academy is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Assignment

  • The Fork Union Military Academy is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

  • These Terms constitute the entire agreement between Fork Union Military Academy and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

  • These Terms will be governed by and interpreted in accordance with the laws of the State of Virginia, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Virginia for the resolution of any disputes. Your use of the Application may also be subject to other local, state, national, or international laws.
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