WELCOME TO THE FAS MART WEBSITE.

This Site is maintained solely for the personal, noncommercial use and enjoyment of our customers. 

Acceptance of Term.

These Terms of Use (“Terms”) constitute a legally binding Agreement between you and Fas Mart Convenience Stores, Inc., its subsidiaries and/or affiliates (the “Company”), which is the owner of the Fas Mart Site.  By accessing, browsing, displaying or using the Fas Mart Site and its contents (the “Site”), you agree to be bound by these Terms.  If you do not agree to all these Terms, you may not access or use this Site.

The Company may change, modify, add, remove, or update any portion of these Terms at any time and without prior notice.  Changes to these Terms will be posted on the Site.  You should review these Terms periodically in the future to ensure that you agree to be bound by any new provisions.

Use of Services.

You are authorized to access and use the Site only for your personal, non-commercial use.  Additionally, you may not “mirror” any portion of this Site without prior authorization by the Company.

You agree not to use the Site for any purpose that is unlawful or prohibited by these Terms.  You agree not to take any action that could damage, overburden, disable, or impair any server that may contain or be connected to the Site.  You may not interfere or disrupt any other parties’ use and enjoyment of this Site or any related page or any service.  You may not attempt to gain unauthorized access to the Site, or an account, computer system, or network connected to or related to this Site, whether through “hacking,” “password mining,” or any other unauthorized or unlawful means. 

Submissions and Postings.

All submissions, suggestions, ideas, artworks, samples, demos, displays, icons, or any other content or information you transmit to the Site or the Company, as well as all intellectual property rights therein,  becomes the sole property of the Company.   the Company is not required to keep any of this information confidential and it may be used in any manner the Company deems fit without subjecting the Company to any penalties or liabilities as a result of any similarities that may appear on the Site, in advertising, promotions, or other services now or in the future.

By providing any content or material to this Site, you warrant that you own or have the right and permission to use and submit the material, and that the posting and display of the material will not infringe or violate any third party rights. 

Indemnification.

You agree to indemnify, defend, and hold the Company harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, arising from any third party claim in connection with any material and content you post on or deliver to the Site, or from your use of the Site. 

Copyright and Trademark.

The Site is a copyrighted work owned by the Company.  You may not copy, display, modify, alter, transmit, distribute, sell license, publish, or otherwise use  the Site except as is expressly authorized by these Terms. 

Other than printing out hard copies of the Site for your personal, noncommercial use, you may not copy or reproduce any images, graphics or text on the Site.

FAS MART and SHORE STOP are trademarks or service marks of the Company.  Names and marks of our vendors, business partners and their products and services that may be referenced on the site are owned by those persons and entities.  No name or mark may be copied, modified or otherwise used without the express prior written consent of the owner.

Copyright Complaints:  

The Company strives to honor the copyright and intellectual property interests of others, we attempt to check all content before it is uploaded and require all Users who submit information for posting on the Site to represent that they own or have the right to submit whatever content they submit, and that the submissions will not infringe another’s copyright or intellectual property interests.  If you believe that your copyright interests are being infringed by content on this Site, you must notify us of your claim(s) in strict accordance with this Section.

The Digital Millennium Copyright Act of 1998 provides recourse for owners of copyrighted material that believe their rights have been violated.  If you believe that your copyright interests have been violated, we recommend that you first contact an attorney. The information provided in this Agreement is provided for informational purposes only and should not be construed as legal advice. 

If you believe that any information or content posted on this Site violates your copyright interests, you may notify the Company by filing a Notice with our Copyright Agent, Thomas M. Terry.  You may file the Notice:

By mail: Thomas M. Terry, Fas Mart, ­­­­­­­­­­­­­­­6400 Mechanicsville Turnpike, Mechanicsville, Virginia 23111

By phone:  804.730.1568 ext. 109

By email: tterry@fasmart.com.

Your Notice must include:

1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that was allegedly infringed

2.a description of the copyrighted work that you claim has been infringed, including the web page address of the location where the copyrighted work exists or a copy of the copyrighted work

3.a description or location of the material on this Site that you claim is infringing

4. information we can use to contact you, such as your address, telephone number, and, if available, an email address

5. a statement by you that you have a good faith belief that the use of the allegedly infringing material is without the authorization of the copyright owner, its agent, or the law; and a statement by you made under penalty of perjury,

6.that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.



 

Upon receipt of adequate notice as required above, the Company will investigate your claim and act in accordance with applicable law. 

 

Links to Third Parties.

 

Linked sites exist solely for your enjoyment, interest, and convenience.  They are not under the management or control of the Company.  The Company makes no warranties or representations for material contained on Linked sites and is not responsible for the content of any Linked site or any Link contained in those sites. 

 

DISCLAIMER OF WARRANTIES.

 

THE SITE IS MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NON-INTERFERENCE, SECURITY, QUALITY, AND ACCURACY. 

 

THE COMPANY IS NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING AWARDS FOR LOSS OF BUSINESS, PROFITS, LITIGATION, OR ATTORNEY’S FEES) WHETHER BASED ON BREACH OF CONTRACT, TORT, OR OTHER LEGAL THEORY ARISING FROM THE SITE OR THE USE OR INABILITY TO USE THE SITE. 

 

THIS LIMITATION OF DAMAGES IS FUNDAMENTAL TO THIS AGREEMENT.  THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

 

Termination.

 

The Company may terminate the Site and/or Your access to the Site at any time, with or without cause or prior notice. 

 

Miscellaneous Provisions.

 

This Agreement is the entire agreement between the parties with respect to its subject matter.  This Agreement may not be modified or amended without the express prior written consent of an officer of the Company.

 

Access and permission to use this Site occur in the Commonwealth of Virginia and this Agreement constitutes forming a contract in and transacting business in Virginia, and that by entering into this agreement you become subject to jurisdiction by courts in Virginia.  This Agreement shall be governed by and construed in accordance with the law of the Commonwealth of Virginia, without regard to that state’s choice of law rules.  In the event of a dispute between You and the Company arising in connection with the Site or these Terms, You agree to commence and maintain any action solely in a court of competent subject matter jurisdiction within the geographical boundaries of the U.S. District Court for the Eastern District of Virginia, and You consent, to the fullest extent permitted by law, to personal jurisdiction and venue in any such court.  You agree that, in the event of a legal action between you and the Company, the prevailing party shall be entitled to recover from the other its reasonable attorney’s fees.

 

To the extent that anything in the Site is in conflict or inconsistent with this Agreement, this Agreement shall take priority.  If any provision of these terms and conditions is finally held by a court of competent jurisdiction to be void, voidable, invalid or unenforceable, the remaining portions shall remain in full force and effect.  The Company’ failure to enforce strict performance of any provision of this Agreement or to act upon any violation of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement or to take action against you for any further violations.

 

Copyright 2002 Fas Mart Convenience Stores, Inc.,  All Rights Reserved