The Fohlio Site and Services
- You understand that Fohlio provides and facilitates a platform for users to create and collaborate on construction project product schedules.
- You understand and agree that Fohlio does not endorse any products referred to within the Site and/or Services, and does not verify any specifications or other information regarding such products.
- You understand and agree that Fohlio is not involved and is not a party to any transactions between you and vendors of products listed on the Site and/or Services, whether purchased with the aid of the Site and/or Services, and/or via any third party website or store.
- You understand and agree that, consequently, Fohlio does not enter into any contracts between any user and a vendor or any other third party, for any purchase or sale, nor does it actually become involved in the actual transfer of legal title in any items from one party to another.
- You understand and agree that Fohlio does not review, screen, or vet any users of Fohlio or the content or information obtained from third parties (including, but not limited to, vendors) or provided by users or vendors through the Site and/or Services. Fohlio does not review, screen, or vet any products or the identity or background of any user or vendor.
- You understand and agree that Fohlio does not and cannot exert any control over the accuracy, availability, legality, or suitability of any aspect of any products included on the Site and/or the Services, nor the authority of either the vendors or the users to enter into any purchase and sale transactions and that accordingly, Fohlio cannot provide any assurance or guarantee that any user or vendor will actually conclude any purchase or sale transaction.
- You understand and agree that, since Fohlio is a platform, it cannot bear responsibility or liability for any materials or information (including without limitation, text, identities, images, content, copy, descriptions, and prices) on the Site and/or the Services.
- You agree that Fohlio shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users and vendors.
- You understand and agree that your use of the Site and/or the Services is at your own risk.
The Agreement between Fohlio and You
- This Agreement constitutes the entire and only agreement between us and you.
- This Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the Services, the content, products or services provided by or through the Site and the Services, and the subject matter of this Agreement.
You are responsible for reviewing changes to this Agreement
- This Agreement applies to all users of the Site and the Services.
- Fohlio may make changes to this Agreement from time to time without specifically notifying you.
- Fohlio will post the latest Agreement on the Site, but it is up to you to review it before using the Site or Services.
- If you continue to use the Site or Services after any of these changes, your continued use will mean that you have accepted any changes to the Agreement.
- In addition, some services offered through the Site and the Services may be subject to additional terms and conditions specified by Fohlio from time to time and your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Your Use of the Site and Services
Your registration and account security
When you use the Site or the Services you may provide Fohlio certain registration and account information, which Fohlio will rely on to provide you with the Services. The following are your obligations when creating, registering, and maintaining the security and accuracy of your account:
- You will register your account for your own use and not for the use of another person, alter ego, or other identity.
- You will create only one account for yourself.
- You will not assign or transfer your account to anyone without first obtaining Fohlio’s written consent.
- You will not provide false or misleading information when you register an account.
- If Fohlio terminates or disables your account, you may not create another account without first getting Fohlio’s written consent.
- You will keep your contact and other information requested by Fohlio (such as email, location, etc.) accurate and up-to-date.
- You will not share your password, let anyone other than you access your account, or do anything that might compromise the security of your account.
Paid Service Fees
- Fohlio does not charge any fees for you to set up an account. Purchase of Paid Services will allow you to take advantage of additional functionalities that are not available to users of the free Services.
- You understand that any and all payment terms are stated in United States dollars.
- You agree that payment for all applicable purchases and any taxes or additional charges that may be imposed by third parties are your sole responsibility.
- You understand that your purchase may be final and non-refundable.
- You understand that any and all purchases of Paid Services will be made through Stripe, or any other third party payment facilitator engaged by Fohlio. By using the Stripe payment processing services you agree to the Stripe Terms of Service available at https://stripe.com/us/terms.
- You agree to ensure that at all times all credit card and payment information supplied by you is accurate and correct and kept updated with Stripe or any third party payment or service facility used by Fohlio and that you are fully authorized to use such credit card and payment information and Stripe account (or account with any third party payment or service facility used by Fohlio) for purposes of paying for any Paid Services.
Your personal information
- You grant a worldwide, perpetual, royalty-free, irrevocable, and transferable license to Fohlio to display, reproduce, transmit, use, and/or store this information to the extent necessary to support the operation of the Site and Services.
Fohlio may edit or modify anything on the Site or Services without notice
Fohlio is committed to delivering a positive user experience and you understand that Fohlio reserves the right (but without undertaking any duty) to edit, monitor, review, delete, modify, or move any content or material provided or placed on or though the Site and the Services in its sole discretion, without notice.
You are responsible for accepting updated versions of the Site and Services
- If Fohlio provides updated versions of the Site and/or the Services and you do not accept these updated versions, you may not enjoy the most recent content, feature sets, and materials.
- If you do not accept updated versions of the Site and Services, Fohlio shall not bear any responsibility or liability for your decision.
You agree to let us monitor your activity on the Site and Services
- Because Fohlio wants to continue to improve the Site and the Services for the benefit of you, the user, we may monitor your activity on the Site and Services and use the data that we collect from your use of the Site and Services in any manner and for any purpose.
- By using the Site and Services you specifically agree to allow Fohlio to monitor you and collect and use your data in this manner.
You must be 18 or older to use the Fohlio Site or Services
- You understand that you may not use the Site or the Services where such use is prohibited.
- You understand that the Site and the Services are intended solely for users who are eighteen (18) years of age or older and can legally form a binding agreement.
- You represent and warrant that you are 18 or older, or entering this Agreement on behalf of someone who is between the ages of 13 and 18, and that you agree to abide by all of the terms and conditions of this Agreement.
- Fohlio does not knowingly collect information from individuals who are less than thirteen (13) years of age.
It is your responsibility to make sure this Agreement and your use of the Site and Services complies with all laws applicable to you
- You understand that Fohlio may, in its sole discretion, refuse to offer the Site or the Services to any person or entity and change its eligibility criteria at any time.
- You are solely responsible for ensuring that this Agreement complies with all laws, rules and regulations applicable to you.
- You understand that your right to access the Site or Services will be revoked where this Agreement or use of the Site or the Services is prohibited and, if that is the case, you agree not to use or access the Site or the Services in any way.
Fohlio may terminate your use of the Site and/or Services without reason or notice to you
While Fohlio respects its users, you agree that Fohlio may terminate your use of the Site and/or the Services and prohibit you from accessing the Site and/or the Services, for any reason, or no reason, and with or without notice.
Who Owns What and How You Can Use It
The copyright to all content on the Site and Services is owned by the provider of that content
- The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site and the Services (“Copyright Content”) are the property of Fohlio or the applicable content owner and are protected under applicable copyrights, trademarks and other proprietary rights.
- You may not copy, redistribute, use or publish any part of the Site or the Services, except as allowed by this Agreement.
- You do not acquire ownership rights to any content, document or other materials viewed through the Site or the Services.
You may not use trademarks appearing on the Site or Services in an infringing manner
- You agree that FOHLIO, FOHLIO.COM and other Fohlio graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Fohlio or its affiliates (“Trademark Content”).
- Fohlio trademarks and trade dress may not be used in connection with any product or service that is not Fohlio’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Fohlio.
- All other trademarks not owned by Fohlio or its affiliates that may appear on the Site or the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fohlio or its affiliates.
You may use the Fohlio Site and Services for limited purposes
- Fohlio grants you a limited license to access and make personal use of the Site and the Services.
- Fohlio does not grant you the right to download (other than page caching) or modify the Site and the Services, or any portion of the Site and the Services.
- You understand Fohlio does not grant you the right to: (a) resell or make commercial use (except as provided herein) of the Site and the Services or their contents; (b) make any derivative use of the Site and the Services or their contents; (c) download or copy account information for the benefit of a third party or merchant; or (d) use any data mining, robots, or similar data gathering and extraction tools.
- You understand that the Site and the Services or any portion of Site and the Services may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose, other than as required for the limited commercial use granted herein.
- You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Fohlio and our affiliates without express written consent.
- You may not use any meta tags or any other “hidden text” utilizing Fohlio’s name or trademarks without the express written consent of Fohlio. Any unauthorized use terminates the permission or license granted by Fohlio hereunder.
- You may not engage in the copying, reproduction, publication, rearrangement, redistribution, modification, revision, alteration, or reverse engineering, of the Services.
- You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Fohlio so long as the link does not portray Fohlio, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.
- You may not use any Fohlio logo or other proprietary graphic or trademark as part of the link without express written permission.
Some portions of the Services rely on Supported Platforms
- You acknowledge that the Site and Services interoperate with several third party sites and services, including but not limited to LinkedIn, Adobe Indesign, and Microsoft Excel (the “Supported Platform(s)”), and that some of the Services provided are highly dependent on the availability of such Supported Platforms. If at any time any Supported Platforms cease to provide availability to Fohlio on reasonable terms, Fohlio may cease to provide such features to you without entitling you to refund, credit, or other compensation.
- In order to use the features of the Services related to the Supported Platforms, you may be required to register for or log into such Supported Platforms on their respective websites or to purchase and/or download their respective software. If applicable, by enabling such Supported Platforms within the Site or Services, you are allowing Fohlio to pass your log-in information to these Supported Platforms for this purpose.
Fohlio’s Copyright Policy
Fohlio does not condone nor authorize activities on or through the Services that infringe copyright or intellectual property rights. We will delete any infringing User Content if properly notified that such User Content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of the material that you claim is infringing and where it is located on the Site or Services;
- Identification of the URL or other specific location on the Site or Services where the material that you claim is infringing is located;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, 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.
You can contact our Copyright Agent via email at [PROVIDE DMCA EMAIL CONTACT ADDRESS] or by mail at Copyright Agent, c/o Fohlio, Inc., [INSERT MAILING ADDRESS].
Fohlio reserves the right to terminate your account or any user account that it determines to be a “repeat infringer.” A repeat infringer is a user who has repeatedly been notified of infringing activity and/or has had User Content repeatedly removed from the Site or Services.
What Laws and Rules You Are Responsible For Following
You promise to comply with this Agreement and any laws or regulations applicable to you
- You promise not to use the Site or the Services for any purpose that is prohibited by this Agreement.
- You are responsible for all of your activity in connection with the Site and the Services.
- You shall abide by all applicable local, state, national and international laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to you.
You agree to comply with Fohlio’s conduct policies when using the Site or Services
- We do our best to keep the Site and the Services safe and operational, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
- You will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, or in any way exploit the Site or Services except as expressly authorized by Fohlio;
- You will not take any action that imposes or may impose (as determined by Fohlio in its sole discretion) an unreasonable or disproportionately large load on Fohlio’s (or its third party providers’) infrastructure;
- You will not decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site or Services, except to the limited extent applicable laws specifically prohibit such restriction;
- You will not interfere or attempt to interfere with the proper working of the Site and Services or any activities conducted on the Site and Services;
- You will not bypass any measures Fohlio may use to prevent or restrict access to the Site and Services (or other accounts, computer systems or networks connected to the Site and Services);
- You will not run any form of auto-responder or “spam” on the Site and Services;
- You will not use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- You will not harvest or scrape any content or materials from the Site and Services;
- You will not copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
- You will not threaten, intimidate or harass another user;
- You will not solicit passwords or personally identifying information (this includes, but is not limited to, someone else’s name, birth date, home address, IP address, credit card number, social security number, or other government-issued identification information) for commercial or unlawful purposes;
- You will not upload, post, transmit, share, store or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- You will not otherwise take any action in violation of Fohlio’s guidelines and policies.
- You will not threaten, intimidate, or harass another user or any parties on or through the Site or Services.
- You will not falsely represent your identity or impersonate a third party, nor will you falsify or mislead third parties regarding your affiliation with any entity.
- You will not transmit or disseminate any “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
- You are solely responsible for all Submissions from your account. “Submissions” means anything that a user transmits to the Site and/or the Services in the course of using the Site and/or the Services. You shall remain at all times solely responsible for the full functionality, accuracy, reliability, integrity, quality or validity of any statement or any other detail contained in the Submissions.
- You will not use the Site and Services in any manner or transmit any Submission that: is (or you reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. In the case of any proposed or actual transaction, “applicable” refers to both your own location and to the location(s) of all other parties to the transaction, or; would cause Fohlio to be in violation of any law or regulation, or to infringe any right of any third party.
- You will not transmit any Submission and will not use the Site and Services to post, store, transmit, offer, or solicit anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes, or items associated with such an entity); material that is racially or ethnically insensitive; material that is defamatory, harassing or threatening; pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or material that may be harmful to a minor; any virus, worm, Trojan horse, or other harmful or disruptive component; or anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
You use the Fohlio Site and Services at your own risk
- Fohlio has no obligation to review any content or material, including vendor and product information, posted to or through the Site and the Services, and cannot therefore be responsible for such material or content.
- By operating the Site and the Services, Fohlio does not represent or imply that it endorses any content or material there posted, or that it believes such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- The Site or the Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors.
- The Site or the Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
- Fohlio disclaims any responsibility for any harm resulting from the use by visitors of the Site or the Services, or from viewing or downloading by those visitors of content posted on the Site or the Services.
You are responsible for your own conduct
- You are solely responsible for your interactions with other users.
- Fohlio shall not be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or members of the Site or Services.
Fohlio is not responsible for what happens outside of the Site and Services, including on websites the Site or Services links to or advertises
- Fohlio or its business partners may present advertisements or promotional materials via the Services. Such advertisements may be targeted to the User Content or information on the Site or Services, queries made through the Site or Services, information uploaded by users to the Site or Services, or any other information.
- Your dealings with, or participation in promotions of, any third-party advertisers and/or vendors via the Services are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion.
- You agree that Fohlio is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Services.
- You understand the Site and the Services may contain (or you may receive from Fohlio, third parties or users) links to other web sites (“Third Party Sites”) or content posted, owned or originating from third parties such as, by way of example only, pictures, designs, photographs, graphics, text, information, software, applications and any other content (“Third Party Content”).
- You understand and agree that Fohlio is not responsible for, and does not control, Third Party Sites and Third Party Content. You also understand and agree that Fohlio is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Third Party Sites and Third Party Content.
- You acknowledge and agree that Fohlio 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 upon, any such content, goods or services available on or through any such Third Party Site or Third Party Content.
- The Site and Services may also, from time to time, access Third Party Content by accessing third party Application Programing Interfaces (“APIs”) within the Site and Services. You understand and agree that the Site and Services are not endorsed, certified or otherwise approved in any way by the third party providing such API and the provider of the API is not responsible for the Site and Services. Notwithstanding any license provided under these Terms (including the end user license granted under these Terms), (i) any such third party API is provided “as-is,” without any warranties and all implied warranties, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed; (ii) you may not modify or create derivative works based on any part of any such third party API; (iii) you may not decompile, reverse-engineer, disassemble, and/or otherwise reduce any such third party API to source code or other human-perceivable form, to the full extent allowed by law; (iv) ownership of any such third party API and any services related to any such third party API remain with the owner of the API; and (v) the provider of any third-party API used in connection with the Site and Services disclaims any and all liability on the part of the third-party API provider for any interruption in its services as accessed via the Site and Services.
Information and press releases may not be updated
The Site and the Services contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press releases or otherwise, should not be relied upon as being provided or endorsed by us.
Fohlio’s liability is limited
- Fohlio is not responsible for any Third Party Sites, Third Party Content, Supported Platforms, or any other content posted on the Site or the Services, whether posted or caused by users of the Site or the Services, Fohlio, third parties or by any of the equipment or programming associated with or utilized in the Site or the Services.
- Fohlio is not responsible for the conduct, whether online or offline, of any user of the Site or the Services or any vendors included on the Site or Services.
- Fohlio assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications.
- You understand that it is your duty to confirm and verify any information provided on or through the Site and Services, and that you bear the sole risk of relying on any such information, including but not limited to content, third-party content, links, or product listings.
- Fohlio is not responsible for any problems or technical malfunction of any telephone network or lines, cellular data provider or network, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Services or Site, including injury or damage to users or to any other person’s computer, and/or mobile device.
- Neither Fohlio nor any of its affiliates, advertisers, promoters or distribution partners shall be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Site or the Services, anyone’s use of items or services purchased via the Site or Services, any content posted on the Site or the Services or transmitted to users, or any interactions between users of the Site or the Services, whether online or offline.
WE TRY TO KEEP THE SITE AND SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THEM AT YOUR OWN RISK. THE INFORMATION FROM OR THROUGH THE SITE AND THE SERVICES IS PROVIDED “AS IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE INFORMATION, SITE AND THE SERVICES MAY CONTAIN VIRUSES, BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IN NO EVENT WILL FOHLIO OR ITS DIRECTORS, EMPLOYEES OR AGENTS HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION, THE SERVICES, OR THE SITE. WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US THROUGH THE SITE/SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
FOHLIO DOES NOT CONTROL THIRD PARTY CONTENT OR THE INFORMATION PROVIDED BY THIRD PARTIES, VENDORS, OR SUPPORTED PLATFORMS ON THE SITE OR SERVICES, AND THEREFORE SHALL NOT BE RESPONSIBLE FOR YOUR RELIANCE ON ANY INFORMATION OR STATEMENTS MADE ON OR THROUGH THE SITE OR SERVICES. THIS INCLUDES, BUT IS NOT LIMITED TO (1) STATEMENTS MADE BY USERS OR VENDORS RELATED TO ANY PRODUCTS ON THE SITE AND/OR SERVICES; (2) ALLEGED PROMISES RELATED TO THE ALLOCATION OF FUNDS AND/OR ANY TIMELINES, (3) ANY STATEMENTS REGARDING PRODUCTS, INCLUDING BUT NOT LIMITED TO MANUFACTURER, MODEL NUMBER, PRODUCT NAME, PRICE, IMAGES, FINISH, AND DIMENSIONS, AND (4) ANY THIRD PARTY STATEMENTS, INCLUDING THOSE OF OTHER USERS.
FURTHERMORE, YOU ARE SOLELY RESPONSIBLE FOR THE INFORMATION THAT YOU PROVIDE ON THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO PICTURES, DESCRIPTIONS, SPECIFICATIONS, VIDEOS, GRAPHICS, OR ANY OTHER INFORMATION YOU PROVIDE.
FOHLIO SHALL NOT BE LIABLE FOR ANY TRANSACTIONS MADE BETWEEN YOU AND ANY THIRD PARTY, INCLUDING ANY PURCHASE YOU MAKE OF PRODUCTS INCLUDED ON THE SITE OR SERVICES, AND YOU AGREE THAT ANY SUCH TRANSACTION IS EXPRESSLY BETWEEN YOU AND THE THIRD PARTY; YOU THEREFORE RELEASE FOHLIO AND ITS OFFICERS, EMPLOYEES, AFFILIATES, MEMBERS, MANAGERS, AND SUBSIDIARIES, FROM ANY AND ALL CLAIMS, DEMANDS, AND DISPUTES.
FOHLIO’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE FEES, IF ANY, PAID BY YOU TO US FOR THE SERVICES AND USE OF THE SITE, BUT IN NO CASE WILL OUR LIABILITY TO YOU SHALL EXCEED $50. YOU AGREE THAT DISPUTES BETWEEN YOU AND FOHLIO WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO US FOR THE SITE AND THE SERVICES, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM US, REGARDLESS OF THE CAUSE OF ACTION. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to indemnify Fohlio
You agree to indemnify, defend, and hold harmless Fohlio, its contractors, licensors, subsidiaries and affiliates and their respective partners, directors, officers, members, managers, employees and agents from and against any and all claims and expenses, including any and all losses, costs, liabilities, and attorneys’ fees, arising out of or in connection with: (1) your use of the Site and Services, (2) any User Content, Third Party Content, Third Party Sites and any other content, (3) any purchases from or interactions with vendors (4) your violation of this Agreement, or of any law or the rights of any third party, and (5) your breach of this Agreement and/or any breach of your representations and warranties set forth herein.
The information and or features provided within the Site and Services is not intended for distribution 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 Fohlio to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of our Site and Services or any portion of the Site and Services, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities or features of any content, product, service or other feature that we provide.
Services provided by Fohlio may be subject to United States export controls. Thus, no software from the Site and Services may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, plugins, or applications related to the Site and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.
You agree that New York law applies to this Agreement
Subject to the arbitration clauses included above, if there is any dispute arising out of the Site and the Services, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of New York, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, in New York County, for the resolution of any such dispute.
Your general representation and warranty
- You represent and warrant that:
- You will use the Site and the Services so as not to infringe or misappropriate the intellectual property rights of any third party.
- You and Fohlio agree that any cause of action arising out of or related to the Site or the Services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- You agree that, except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (”JAMS”) by arbitrators appointed in accordance with such rules.
- You agree any arbitration shall take place in New York, New York in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
- If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
- Fohlio may assign its rights under this Agreement without condition.
- This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The headings of the paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction thereof.