Last updated: [SEPTEMBER 18, 2015].
CHANGES TO THESE TERMS
PERMITTED USE AND RESTRICTIONS
• copy, retransmit, modify, disseminate, sell, exploit, display, perform, reuse, re-post, broadcast, circulate, or otherwise distribute any part of the Content, in each case for any purpose other than for which the Site is being provided to you;
• use the Site to conduct or promote any illegal activities;
• attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
• attempt to gain access to secured portions of the Site to which you do not possess access rights;
• upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
• use the Site or Service to stalk, harass or harm another individual;
• use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Service (including without limitation robots, spiders or scripts);
• interfere in any way with the proper functioning of the Site, or interfere with or disrupt any servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site, the Service or the Content contained on any such web page for commercial use without our prior express written permission;
• impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
• mirror or frame the Site, or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
• use any trade name, trademark, or brand name of ours in metatags, keywords and/or hidden text; create derivative works from the Content or commercially exploit any part of the Content in any way; use any portion of a Site or the Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other third party; or alter, remove or obscure any copyright notice, digital watermarks, proprietary legends or any other notice included in the Content.
INTELLECTUAL PROPERTY RIGHTS
The trademarks, service marks, trade names, and trade dress on and copyrights on the Site, are the property of EFP or its content suppliers and protected by United States and international laws. Nothing in this Site grants you a license or right to download, use, or reproduce any trademark, service mark, trade name, logo, copyright, trade dress or other content displayed on this Site without prior written permission of EFP. All other trademarks not owned by EFP that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EFP.
You hereby grant EFP a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully-paid license to (i) reproduce, create derivative works of, publicly display, publicly perform, distribute, digitally transmit, derive revenue or other remuneration from, and communication to the public all data, text, photographs, messages and other materials that you upload, post, email, transmit or otherwise make available to the Site or EFP (“Your Content”), for the full term of any worldwide intellectual property right that may exist in Your Content, and (ii) use your name, image, likeness and biographical information in connection with the Site (including without limitation for the purposes of promoting the Site and EFP products and services). EFP does not claim ownership of Your Content. You warrant that (a) the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above, and (b) you have the written consent, release and permission of each and every identifiable person included in Your Content to use the name or likeness of such person and to authorize EFP to store, copy, display and otherwise distribute such person(s) name and likeness in connection with the Site. You agree that you, not EFP, are responsible for all of Your Content that you upload, post, email, transmit or otherwise make available to the Site or EFP.
Digital Millennium Copyright Act
EFP is committed to respecting and protecting the legal rights of copyright owners. As such, EFP adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to EFP’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
EFP Copyright Agent to receive DMCA Takedown Notices is: email: firstname.lastname@example.org. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that for EFP to be authorized to takedown any content, your DMCA Takedown Notice must comply with all of the requirements of this Section.
LINKS TO OTHER SITES
EFP does not accept ideas, suggestions, or other Submissions, whether pertaining to any Content, the Site, any products or services of EFP or any of the Affiliated Entities, or any other matter, under any obligations of any kind, either expressed or implied. ACCORDINGLY, PLEASE DO NOT SEND US ANY IDEAS, SUGGESTIONS, OR OTHER SUBMISSIONS THAT YOU WISH US TO KEEP CONFIDENTIAL OR FOR WHICH YOU EXPECT TO RECEIVE COMPENSATION. If you post, disclose, offer, or otherwise make available to us any idea, suggestion, or other Submission through the Forums or otherwise on or through the Site (whether or not in response to a solicitation made on or through the Site), you agree that such Submission is not to be considered to be submitted ‘in confidence,’ that no confidential relationship exists or shall exist with respect to any use or disclosure of such Submission, and that EFP has no obligation to you of any kind in connection therewith. Furthermore, you represent that you are free to disclose such Submission, that no other party has any trade secret or any other rights in the Submission.
THE SITE, INCLUDING ALL SERVICES, CONTENT, SUBMISSIONS AND THIRD PARTY CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EFP AND THE AFFILIATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT ON THE SITE. FURTHER, EFP AND THE AFFILIATED ENTITIES DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. EFP AND THE AFFILIATED ENTITIES DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOREGOING APPLIES TO ANY INFORMATION IN ANY ENTITIES HYPERLINKED TO THE SITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL EFP OR ANY AFFILIATED ENTITY BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES, REGARDLESS OF WHETHER OR NOT ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER EFP NOR ANY OF ITS SERVICE PROVIDERS WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT, SUBMISSIONS OR THIRD PARTY CONTENT POSTED ON THE SITE BY EFP OR ANY THIRD PARTY. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST EFP AND ITS AFFILIATED ENTITIES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EFP AND ITS AFFILIATED ENTITIES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED THEIR ESSENTIAL PURPOSE.
CONTACT US; QUESTIONS OR COMPLAINTS
GOVERNING LAW; FORUM
GIFT CARD TERMS AND CONDITIONS:
EFP gift cards can be used at any EFP location.
Customers should protect the EFP gift card as they would cash. The card is non-refundable and cannot be redeemed for cash unless required by law. EFP is not responsible for and cannot replace lost, damaged or stolen cards. The card must be presented at the time of purchase and can be used for in-store purchases only. Gratuity, including for Grooming, cannot be paid via this gift card. Gift card balances are available only by visiting a EFP location and presenting the card. Gift card balances cannot be checked online or via telephone at this time. Use of the gift card constitiutes acceptance of these terms.