Terms & Conditions

Thank you for your interest in 652 Moderne, LLC doing business as Faith Berger Art Consultants  and our site FaithBerger.com(each a "Site," altogether the "Sites"), as well as all related web sites, networks, embeddable widgets, downloadable software, mobile applications (including tablet applications), and other services provided by us and on which a link to this Terms of Use (these "Terms") is displayed. These Terms of Use, together with our Privacy Policy, are a legally binding contract between you and FAITH BERGER ART CONSULTANTS regarding your use of FaithBerger.Com.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY CLICKING "I AGREE", CREATING AN ACCOUNT, PLACING AN ORDER, OR OTHERWISE ACCESSING OR USING FAITHBERGER.COM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE FAITHBERGER.COM  PRIVACY POLICY (COLLECTIVELY, THESE "TERMS"). If you are not eligible, or do not agree to these Terms, then please do not use FaithBerger.Com.

DISPUTE NOTICE: THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FAITH BERGER ART CONSULTANTS WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), OR IN A CLASS ACTION LAWSUIT OR CLASS WIDE ARBITRATION. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR PLEASE REVIEW SECTION 20 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH FAITH BERGER ART CONSULTANTS.

1. You must be at least 18 years of age to use, including to place any order through, FaithBerger.Com, which is not intended for use by minors, and you may not use FaithBerger.Com if you have previously been suspended or removed from FaithBerger.Com. If you are using FaithBerger.Com on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

 

2. Accounts and Registration.You may need to register with us in order to use certain aspects of our Service. When you register for an account, you may be required to provide us with some information about yourself (such as your e-mail address or other contact information). You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, in many cases you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, then you must immediately notify us at sales@faithberger.com.

 

3.  Certain activities through or features of FaithBerger.Com, such as placing an order, may require you to pay fees. Before you are required to pay any fees, you will have an opportunity to review and accept the applicable fees that you will be charged. A sales tax may be charged on any order placed through FaithBerger.Com, based on the location the order is billed to and the applicable sales tax in effect at the time of purchase. Please review the order-related terms available through FaithBerger.Com for more information about, shipping and processing charges, return policies, and our product warranty disclaimer, which are hereby incorporated by reference and may be updated from time to time by FAITH BERGER ART CONSULTANTS. Each order will be subject to the applicable Terms in effect at the time of purchase. Except as expressly provided at the time you place an order or in any of the foregoing order-related terms, all fees are in U.S. Dollars and are non-refundable. FAITH BERGER ART CONSULTANTS may change the fees for any activity through, or feature of, FaithBerger.Com, including by adding additional fees or charges, on a going-forward basis at any time.  FAITH BERGER ART CONSULTANTS, or its third-party payment processor, will charge the payment method you specify at the time of purchase. You acknowledge and agree that you may be responsible for the payment of certain processing or other transactional fees depending on the payment method you specify. You authorize Faith Berger Art Consultants to charge, or to have charged on its behalf, all sums described herein to such payment method. If you pay any applicable fees with a credit card, FAITH BERGER ART CONSULTANTS may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

 

4. Risk of Loss.Except as otherwise set forth herein or in any applicable Additional Terms (as defined in Section 12.2 below), the risk of loss for and title to products purchased on or through FaithBerger.Com passes to you upon delivery to the carrier. For more information about shipping and delivery of products ordered through FaithBerger.Com, please review the Shipping + Delivery policy currently located at https://www.yiosilamp.com, which is hereby incorporated by reference into these Terms, or contact our Customer Service team (contact information available at sales@faithberger.com.

 

5. Returns and Refunds. We offer NO RETURNS or EXCHANGES, all sales are final. 

   Faith Berger Art Consultants takes great care to ensure we provide quality products that are packaged to reach you safely. Please inspect each item of merchandise carefully upon arrival. If the packaging is damaged do not open it and refuse the shipment if possible.If you do receive an item that is damaged, please contact us within 48 hours at sales@faithberger.com，

6.  Product Availability and Descriptions.Following your placement of an order through FaithBerger.Com, FAITH BERGER ART CONSULTANTS may send an email or otherwise acknowledge that the order has been received; however, unless expressly stated therein, this does not signify confirmation of a product’s price or availability or indicate that the order has been accepted or shipped. While FAITH BERGER ART CONSULTANTS strives to include accurate information and descriptions (including prices, images, specifications, and availability) of products on FaithBerger.Com, it does not warrant that such information is accurate, complete, reliable, current, or free of errors. FAITH BERGER ART CONSULTANTS reserves the right, but is not obligated, to modify, correct, or update information relating to any products available through FaithBerger.Com at any time in its sole discretion, without prior notice. If you receive a product which is not as described on FaithBerger.Com at the time of your order, your sole and exclusive remedy is to return the unused product as permitted pursuant to Section 5 of these Terms.

 

7. User Content

7.1 - User Content Generally. Certain features of FaithBerger.Com may permit users to post content, such as product reviews, images, photos, video, images, text, and other types of works (collectively, "User Content") and to publish User Content on FaithBerger.Com. You retain copyright and any other proprietary rights that you may hold in the User Content that you post to FaithBerger.Com.

 

7.2 - License Grant to  FAITH BERGER ART CONSULTANTS. By posting or publishing User Content, you grant  FAITH BERGER ART CONSULTANTS a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free right and license (with the right to sublicense) to use, copy, host, store, transfer, display, publish, perform, reproduce, modify, translate, create derivative works of and distribute your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed) at its sole discretion. Any such use of your User Content by  FAITH BERGER ART CONSULTANTS may be without any compensation paid to you.

 

7.3 - User Content Representations and Warranties. You are solely responsible for your User Content and the consequences of posting or publishing User Content. By posting and publishing User Content, you affirm, represent, and warrant that: (a) you are the sole author, creator, and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize  FAITH BERGER ART CONSULTANTS and users of FaithBerger.Com to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section 7 and in the manner contemplated by  FAITH BERGER ART CONSULTANTS and these Terms; (b) you waive all moral rights that you may have in your User Content that may prevent or contradict use of your User Content as contemplated by the Terms; (c) you will not knowingly submit User Content (i) that is false, inaccurate, or misleading; (ii) that violates any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (iii) that is or may reasonably be considered to be defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, corporation, or other entity; (iv) for which you were compensated or granted any consideration by any third party; (v) that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers; or (vi) that contains any computer viruses, worms, or other potentially damaging computer programs or files; and (d) your User Content, and the use of User Content as contemplated by the Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) violate these Terms or our Privacy Policy; or (iii) cause injury to any person or entity.

 

7.4 - User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content.  FAITH BERGER ART CONSULTANTS  may, however, at any time and without prior notice (i) screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable or (ii) refuse to post or remove any User Content for any reason.  FAITH BERGER ART CONSULTANTS does not guarantee that you will have any recourse or ability through  FAITH BERGER ART CONSULTANTS to edit or delete any User Content that you post or publish. You acknowledge and agree that you are solely responsible for any User Content that you post, submit, or publish and none of such User Content shall be subject to any obligation of confidence on the part of  FAITH BERGER ART CONSULTANTS  or its agents, subsidiaries, affiliates, partners, suppliers, or third party service providers and their respective directors, officers, and employees. You understand that when using FaithBerger.Com you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against  FAITH BERGER ART CONSULTANTS with respect to User Content. We expressly disclaim any and all liability in connection with User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity,  FAITH BERGER ART CONSULTANTS does not permit copyright-infringing activities on FaithBerger.Com.

 

9. Prohibited Conduct.Your rights to use FaithBerger.Com are expressly conditioned on your agreement not to:

9.1 - use FaithBerger.Com for any purpose other than for Your personal use only, solely as permitted by the provided functionality of FaithBerger.Com and these Terms and our Privacy Policy;

9.2 - use FaithBerger.Com for any illegal purpose, or in violation of any local, state, national, or international law, including, but not limited to, Applicable Privacy Laws;

9.3 - unless expressly permitted, copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, modify, create derivative works of, sell, license or in any way exploit any part of FaithBerger.Com;

9.4 - violate the rights of third parties, including by infringing or misappropriating third party intellectual property rights;

9.5 - post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

9.6 - bypass or interfere with any security or other features of FaithBerger.Com designed to control the manner in which FaithBerger.Com is used, harvest or mine User Content or any other Materials from FaithBerger.Com, or otherwise access or use FaithBerger.Com in a manner inconsistent with individual human usage;

9.7 - interfere with the operation of FaithBerger.Com or any user's enjoyment of FaithBerger.Com, including without limitation by: (a) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (b) making unsolicited offers or advertisements to other users of FaithBerger.Com; (c) attempting to collect, personal information about users or third parties without their consent; or (d) interfering with or disrupting any networks, equipment, or servers connected to or used to provide FaithBerger.Com, or violating the regulations, policies, or procedures of such networks, equipment, or servers;

9.8 - use, display, mirror, frame or utilize framing techniques to enclose FaithBerger.Com, or any portion thereof, unless and solely to the extent FAITH BERGER ART CONSULTANTS makes available the means for embedding any part of FaithBerger.Com, such as materials related to products listed on FaithBerger.Com.

9.9 - perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing FaithBerger.Com accounts of others without permission, or falsifying your age or date of birth;

9.10 - sell or otherwise transfer the access granted in the Terms or any Materials (as defined in Section 11) or any right or ability to view, access, or use any Materials; or

9.11 - attempt to do any of the foregoing in this Section 9, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section 9.

 

10. Third-Party Services and Linked Websites. FAITH BERGER ART CONSULTANTS may provide tools through FaithBerger.Com that enable you to export information to or allow you to link your account on FAITH BERGER ART CONSULTANTS with an account on a third party service, such as Pinterest or Twitter, or through our implementation of third party buttons (such as "Pin It" or "share" buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. These third party services are not under our control, and we are not responsible for their use of your exported information. FaithBerger.Com may also permit third parties to sell products through FaithBerger.Com or contain links to third-party websites. Those third parties and linked websites are not under our control, and we are not responsible for their actions, products, or content. As such, we recommend that you carefully review their privacy policies and terms of use.

 

11. Termination of Use; Discontinuation and Modification of FaithBerger.Com. If you violate any provision of these Terms, your permission to use FaithBerger.Com will terminate automatically. Additionally,  FAITH BERGER ART CONSULTANTS, in its sole discretion may terminate your user account on FaithBerger.Com or suspend or terminate your access to FaithBerger.Com or cancel orders (subject to a refund of any payments you have made with respect to unfulfilled orders) at any time, with or without notice. We also reserve the right to modify or discontinue FaithBerger.Com at any time (including, without limitation, by limiting or discontinuing certain features of FaithBerger.Com) without notice to you. We will have no liability whatsoever on account of any change to FaithBerger.Com or any suspension or termination of your access to or use of FaithBerger.Com. You may terminate your account at any time by contacting customer service at sales@faithberger.com. If you terminate your account, you will remain obligated to pay all outstanding fees, if any, relating to your use of FaithBerger.Com incurred prior to termination.

 

12. Privacy Policy; Additional Terms

12.1 - Privacy Policy. Please read the FaithBerger.com Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The FaithBerger.com Privacy Policy is hereby incorporated by reference into, and made a part of, these Terms.

12.2 - Additional Terms Your use of FaithBerger.Com is subject to any and all additional terms, policies, rules, or guidelines applicable to FaithBerger.Com or certain features of FaithBerger.Com that we may post on or link to on FaithBerger.Com (the "Additional Terms"), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on FaithBerger.Com, subject to Section 13. All of these Additional Terms are hereby incorporated by reference into and made a part of these Terms.

 

13. Changes to the Terms. We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within FaithBerger.Com, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of FaithBerger.Com. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect at the time the dispute arose.

 

14. Ownership; Proprietary Rights.FaithBerger.Com is owned and operated by 652 Moderne, LLC doing business as Faith Berger Art Consultants. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of FaithBerger.Com (the "Materials") provided by FAITH BERGER ART CONSULTANTS are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in FaithBerger.Com are the property of FAITH BERGER ART CONSULTANTS or our third-party licensors. Except as expressly authorized by FAITH BERGER ART CONSULTANTS, you may not make use of the Materials. FAITH BERGER ART CONSULTANTS reserves all rights to the Materials not granted expressly in these Terms.

 

15. These Terms, together with the Privacy Policy and any other agreements or applicable policies expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and FAITH BERGER ART CONSULTANTS regarding your use of and access to FaithBerger.Com, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under the Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration.

 

16. Consent to Electronic Communications.By using FaithBerger.Com, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about your choices regarding our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.