Effective Date: November 1, 2016
I. FOO-lance.com REGISTERED MEMBER TERMS OF SERVICE APPLICABLE TO ALL MEMBERS
1. ACCEPTANCE OF TERMS.
You accept these terms by accessing or using FOO-lance.com in any manner, even if you do not create an account with FOO-lance.
When you complete the Member registration or signing in process, you agree to these Terms. These Terms may be updated from time to time. We will notify you of any significant updates to these Terms. Your continued use of our services signifies your acceptance of the changes. These Terms will always be available to users on this page for you to read. If you do not agree with these Terms, do not click “join now” and do not access, view, download, or otherwise use any FOO-lance webpage, content, information, or services. When using free services offered through FOO-lance.com’s third-party service providers, you will be subject to terms posted by these third-party service providers. Registration a new, or signing into an existing FOO-lance.com user account signifies your agreement to those additional terms.
2. AGE RESTRICTION OR LEGAL ENTITY.
To register for an Account, you must be, and hereby represent that you are, a legal entity or an individual 18 years or older who can form legally binding contracts.
3. ABOUT OUR SERVICES.
3.1 FOO-lance.com Services. FOO-lance provides communication tools, search capabilities, profile management, job posting, and proposal posting through FOO-lance.com’s website-based “Service.” Some services offered on FOO-lance.com are provided free of charge, while others require payment. We reserve the right to change the cost of services, or to charge for other services, at any time.
3.2 Service Limitations. We will do our best to make your experience with FOO-lance.com a pleasurable one, but we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that FOO-lance.com’s services, including the services of our third-party service providers, are provided “AS IS.” FOO-lance.com and our third party service providers cannot assume responsibility for the timeliness, deletion, mis-delivery, or failure to store any user data, communications, or personalization settings. In addition, you hereby acknowledge and agree that we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such you cannot rely on its accuracy or completeness.
3.3 Service Changes and Discontinuation. FOO-lance.com reserves the right to change or discontinue, temporarily or permanently, the Service at any time without notice. You agree that FOO-lance.com will not be liable to you or any third party for any modification or discontinuance of the Service.
4. GENERAL TERMS
4.1 Provide Accurate Information. You agree to provide true, accurate, current, and complete information about yourself, or the legal entity you represent, as requested in the FOO-lance.com registration forms or any other information as requested for the purposes required to sign into FOO-lance’s services (we call this information “Registration Data”). Accurate records help us create better sites. Please update the Registration Data to keep it current and accurate.
4.2 Guard Your Password. You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur using your password or account. Please notify FOO-lance.com immediately of any unauthorized use of your password or account or any other breach of security. You hereby acknowledge that the information available through FOO-lance.com may include personally identifiable information and it is your responsibility to keep all such accessed information confidential and secure.
4.3 Obey the Law. You represent and warrant that you will not use the services for illegal purposes or for the posting or transmission of material that is unlawful, harassing, false, fraudulent, defamatory, libelous (e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene or otherwise tortious, or that infringes the copyrights (e.g., rights of an owner of written material) or other intellectual property rights of others (including rights of publicity).
4.4 Content Restrictions. All website design, text, graphics, the selection and arrangement thereof, and all software that are part of FOO-lance.com are protected by international copyright laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio, and/or video materials or any other form of proprietary content found on FOO-lance.com is strictly prohibited without the prior written permission of FOO-lance.com. Content that is publicly available on FOO-lance.com may not be stored in a computer, except for personal and noncommercial use.
4.5 Photos and User-Submitted Content. We reserve the right (but do not have the obligation) to delete any photo posted on the website that we find in violation of our photo guidelines and standards. Photo guidelines and standards include prohibitions against nudity or content that might be deemed offensive, inappropriate, or in violation of copyright rules and restrictions.
Similarly, we also reserve the right (but do not have the obligation) to remove any profile content, including but not limited to reviews, that we find unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or in violation of these Terms.
4.6 Limits On Uses of User Information. By using FOO-lance.com websites, you agree not to data-scrape, copy, aggregate, redistribute, alter, reproduce, or re-use for commercial purposes any user’s (whether specific to any particular user or as an aggregation of users’ information) information accessible through any websites or networks owned by FOO-lance.com. “Commercial purposes” can include but is not limited to selling information to third parties; using the data collected to customize users’ experiences at a site or network outside of FOO-lance.com; using the data for targeted marketing campaigns not affiliated with FOO-lance.com; or using the data to offer services to FOO-lance.com users. FOO-lance.com reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above.
4.7 Using FOO-lance.com for other than its
FOO-lance provides communication tools, search capabilities, profile management, job posting, and proposal posting so Clients and Freelancers can find each other.
Users are required to use the FOO-lance.com website for its intended purposes. For example, the following uses of the FOO-lance.com website are not allowed:
4.8 Service Limitations. You hereby agree to accept all information “AS IS” and acknowledge that FOO-lance obtains data from third-party sources, which may or may not be completely thorough and accurate, and that you shall not rely on FOO-lance for the accuracy or completeness of information supplied through FOO-lance. You understand that restrictions may be placed on accessing certain portions of the website which might otherwise be available. FOO-lance reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, FOO-lance.com. You agree to provide at your own cost all equipment, software, mobile access, and internet access necessary to use the Services.
5. RIGHTS YOU GRANT TO FOO-lance.com
5.2 Account Access. In order to ensure that FOO-lance.com is able to provide high-quality services that are responsive to Members’ needs, you agree that FOO-lance.com employees have access to your account and records as reasonably needed to investigate complaints.
5.3 Merger or Acquisition. In order to ensure a smooth transition of services relative to your subscription, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by FOO-lance.com, FOO-lance.com may transfer your Personally Identifiable Information to a third party as a part of such merger, acquisition, reorganization, or sale.
6. OTHER LEGAL ISSUES
6.1 Disclaimer of Warranties. You expressly understand and agree to the following:
FOO-lance.com makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, (v) that your email messages will not be lost, and (vi) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from FOO-lance.com, our third-party service providers, or through or from the Service will create any warranty not expressly stated in the terms.
FOO-lance does not have any obligation to verify the identity of the persons subscribing to its Services, nor does it have any obligation to monitor the use of its Services by other users; therefore, FOO-lance disclaims all liability for identity theft or any other misuse of your identity or information by others.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
To the extent that any part of this section is not consistent with any other part of these terms, then this Disclaimer of Warranties will override it.
6.2 No Endorsement of Member Content. You acknowledge and agree that FOO-lance.com does not endorse the content of any Member or other third party, and is not responsible or liable for any such content, even though it could be unlawful, harassing, defamatory, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable or tortious, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that FOO-lance.com does not pre-screen all content, but that FOO-lance.com and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move, or remove any content that is publicly available via the service.
6.3 RELATIONSHIP WITH FOO-lance. FOO-lance is not a party to the dealings between Client and Freelancer, including posts, proposals, screening, selection, contracting, and performance of Freelancer Services. FOO-lance does not introduce Freelancers to Clients or help Freelancers find Engagements. FOO-lance merely makes the Site Services available to enable Freelancers to identify and determine the suitability of Clients for themselves and to enable Clients to identify and determine the suitability of Freelancers for themselves. FOO-lance does not, in any way, supervise, direct, or control Freelancer or Freelancer’s work. FOO-lance does not set Freelancer’s work hours, work schedules, or location of work, nor is FOO-lance involved in determining if the Freelancer Fees will be set at an hourly or fixed rate for a Service Contract. FOO-lance will not provide Freelancer with training or any equipment, labor, or materials needed for a particular Service Contract. FOO-lance does not provide the premises at which the Freelancer will perform the work. FOO-lance makes no representations about, and does not guarantee the quality, safety, or legality of, the Freelancer Services; the truth or accuracy of Freelancer’s listings on the Site; the qualifications, background, or identities of Users; the ability of Freelancers to deliver the Freelancer Services; the ability of Clients to pay for the Freelancer Services; or that a Client or Freelancer can or will actually complete a transaction.
FOO-lance does not deduct any amount for withholding, unemployment, Social Security, or other taxes for Client or Freelancer, each of which is solely responsible for all tax returns and payments required to be filed with or made to any federal, state, or local tax authority in any nation with respect to Freelancer’s performance, and Client’s acceptance, of Freelancer Services.
FOO-lance is not required to and may not verify any feedback or information given to us by Freelancers or Clients, nor does FOO-lance perform background checks on Freelancers or Clients.
You hereby acknowledge and agree that FOO-lance may provide information on the Site about a Freelancer or Client, such as feedback, composite feedback, including a strength or risk score, geographical location, or verification of identity or credentials. However, such information is based solely on data that Freelancers or Clients voluntarily submit to FOO-lance and does not constitute and will not be construed as an introduction, endorsement, or recommendation by FOO-lance; FOO-lance provides such information solely for the convenience of Users.
6.4 Limitation of Liability. You agree that FOO-lance.com, nor its subsidiaries and affiliates, nor any third party data provider (for purposes of indemnification, warranties, and limitations on liability, FOO-lance, our subsidiaries and affiliates, and our third party data providers are hereby collectively referred to as “FOO-lance Parties”) will not be liable for any harms, which lawyers and courts often call direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if FOO-lance.com has been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the Service; (ii) The ineffective operation of any of any of the services offered; (iii) The cost of getting substitute goods and services resulting from any products, data, information, or services purchased or obtained or messages received or transactions entered into through or from the service; (iv) Unauthorized access to or alteration of your transmissions or data; (v) Any third-party statements or materials, including statements and materials posted by Member and other third parties in connection with the Service, or any other conduct of anyone in connection with the Service; (vi) For any loss or injury arising out of or caused in whole or in part by FOO-lance Parties acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering our services; and (vii) Any other matter relating to the service.
6.5 Indemnification. You agree to protect, indemnify and fully compensate the FOO-lance Parties from any and all third-party claims, liability, damages, expenses, and costs (including, but not limited to, reasonable attorneys fees) arising from (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, (3) any activity in which you engage on or through FOO-lance and (4) your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone; and (5) any other harm or loss caused by FOO-lance as a result of your use of the Services.
6.6 Miscellaneous. FOO-lance.com provides information of a general nature and is designed for informational purposes only and is not meant to be a substitute for legal, or financial advice from a professional. Consult with your professional for any specific legal, or financial concern. FOO-lance.com’s rights under this Agreement may not be waived unless FOO-lance.com agrees to such change in writing. This Agreement is personal to you, and you may assign this agreement only with FOO-lance.com’s prior written approval. Any other attempt to assign, transfer, or delegate this Agreement shall be null and void.
6.7 Choice of Law. This Agreement and all matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the State of California, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted, and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and FOO-lance.com about the services.
All of FOO-lance’s rights and obligations under this Agreement are freely assignable by FOO-lance in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
6.8 Entire Agreement. These Terms make up the entire agreement between you and FOO-lance and supersedes any other agreements.
Waiver. If FOO-lance fails to enforce any of these Terms, it will not
be considered a waiver of these or any of the Terms.
These Terms require that disputes between FOO-lance and you be resolved by binding arbitration rather than by jury trials or class actions. FOO-lance.com and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between FOO-lance.com and you.
A party who intends to seek arbitration must first send written notice to FOO-lance’s Customer Care Center of its intent to arbitrate (“Notice”). The Notice to FOO-lance should be sent by electronic mail to firstname.lastname@example.org; or (c) sending the Notice by U.S. Postal Service certified mail to FOO-lance.com, Attn: Customer Relations, 46-E Peninsula Center, Suite 363, Rolling Hills Estates, CA 90274. The Notice must also describe the nature and basis of the claim or dispute; and set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or FOO-lance may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. A judgment upon the award entered by the arbitrator may be entered in any court having jurisdiction thereof.
If the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules.
You agree that, by entering into this Agreement, you and FOO-lance.com are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and FOO-lance.com agree that YOU AND FOO-lance.com MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
II. SUBSCRIPTION (ALSO KNOWN AS MEMBERSHIP MEMBERSHIP) TERMS OF SERVICE
IN ADDITION TO THE ABOVE TERMS, IF YOU SUBSCRIBE TO FOO-lance’S MEMBERSHIP SERVICE(S), YOU ALSO AGREE TO THIS SUBSCRIPTION AGREEMENT (“AGREEMENT”) AS A LEGAL AND BINDING AGREEMENT BETWEEN YOU (“SUBSCRIBER,” “YOU,” “YOUR,” OR “YOURSELF”) AS THE END USER, AND FOO-lance.com, Inc. (“OUR,” “US,” OR “WE”). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO USING FOO-lance.com’s MEMBERSHIP SERVICE (THE “SERVICES”). BY REGISTERING FOR THE SERVICES, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
8. PAYMENT OBLIGATION AND CREDIT CARD AUTHORIZATION
The Subscriber is responsible for paying periodic subscription fees as agreed at the time of enrollment. All listed fees are in U.S. dollars.
FOO-lance uses Stripe to process credit card payments. FOO-lance does not transmit or store credit card information. Credit card information is transmitted directly from the Subscriber to Stripe.
Subscriber hereby authorizes FOO-lance.com and Stripe to charge the Subscriber’s credit card (or other approved facility) provided to pay for the ongoing cost of subscription. Payment for the appropriate services will be made by automatic debit to the Subscriber’s credit card (or other approved facility).
Subscribers will be automatically renewed for a term equal to the original term upon expiration of the then-current term at a price equal to the current regular, nonpromotional price, and continually thereafter, unless the Subscriber terminates the subscription online in advance of the renewal date pursuant to the process set forth below. Subscriber acknowledges and agrees that the authorization to charge Subscriber’s credit card for services shall automatically transfer to any successors or assigns of Service for substantially similar services at the same website. Subscriber may not assign or transfer his or her subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to order subscriptions online.
Payment must be made by a major credit card accepted by FOO-lance.com and Stripe. Cash will not be accepted. The billing period ends each month, or each year, on the anniversary of your activation date (“Billing Date”). If FOO-lance.com and Stripe do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by FOO-lance.com or Stripe. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT FOO-lance.com OR STRIPE, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY THAT WERE NOT AUTHORIZED BY YOU.
FOO-lance.com RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY FOO-lance.com. FOO-lance.com MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL.
You may terminate your membership at any time. When you terminate your membership, your account will not be automatically renewed and your access will be terminated on the expiration date. Refunds are made at FOO-lance.com’s sole discretion. You acknowledge that FOO-lance.com, in its sole discretion, may terminate your ID, password, account (or any part thereof), or use of the Service for any reason or no reason, including, without explanation or limitation, if FOO-lance.com believes that you have violated or acted inconsistently with the letter or spirit of the Agreement or FOO-lance.com’s User Agreement. FOO-lance.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that FOO-lance.com may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that FOO-lance.com shall not be liable to you or any third party for any termination of your access to the Service. In the event that we discontinue a material portion of the materials and features that you regularly use in the ordinary course of its business, we will terminate your account at your request.
10. NO RETURN or refunds
You acknowledges and agree that FOO-lance will charge Client’s designated Payment Method for the Membership Fees, upon Client’s acceptance and approval of the Membership Services. Therefore, and in consideration of the Services provided by FOO-lance, you agree that once FOO-lance charges the your designated Payment Method for the Membership Fees, the charge is non-refundable, except as otherwise required by applicable law. Client also acknowledges and agrees that the Terms of Service provide a dispute resolution process as a way for Client resolve disputes. To the extent permitted by applicable law, Client therefore agrees not to ask its credit card company, bank, or other Payment Method provider to charge back any Freelancer Fees or other Fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of the foregoing obligation is a material breach of the Terms of Service. If Client initiates a chargeback in violation of this Agreement, Client agrees that FOO-lance may dispute or appeal the chargeback and institute collection action against Client.
11. TRIAL MEMBERSHIPS
FOO-lance.com occasionally offers promotional trial memberships to its Membership Services at special discounted prices. Subscribers who sign up for such trial memberships will be automatically renewed at the posted subscription rate at the end of the trial period, unless the Subscriber cancels before the end of the trial.
12. SUBSCRIBER INFORMATION
You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service registration or signing in process. Once you subscribe to the Service, you shall receive a password and an account. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. Subscriber must promptly inform FOO-lance.com of any of the following: changes in the expiration date of any credit card used in connection with the service; changes in billing address; and apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until FOO-lance.com is notified by email of a breach in security, the Subscriber will remain liable for any unauthorized use of Membership Services.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of Membership Services is through a combination of an ID and a password. Each Subscriber must keep his or her password strictly confidential. FOO-lance.com will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to Membership Service is a breach of this Agreement and a violation of law.
No warranty is made by FOO-lance.com regarding any information, services, or products provided through or in connection with Membership services, and FOO-lance.com hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; or any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
The subscriber hereby warrants and represents that he or she is in all respects qualified and competent to enter into this agreement.
15. LIMITATIONS OF LIABILITY
YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
16. USE RESTRICTION
Subscribers agree that they will not copy, publish, or in any way make available publicly any news, pictures, interviews, features, or any other information from FOO-lance.com websites, without express written permission from FOO-lance.com. Subscribers agree that, should they do so, FOO-lance.com reserves the right to cancel their subscription immediately without refund. Additionally, re-use of copyrighted information (pictures, interviews, features, videos, audio, etc.) will be prosecuted to the fullest extent of the law.
This agreement is subject to change by FOO-lance.com at any time. We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. The updates and all changes will be posted at FOO-lance.com/user-agreement. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement. Your continued use of the Service following our posting of a change notice or new agreement on FOO-lance.com will constitute your binding acceptance of the change.
Notices by FOO-lance.com to Subscribers may be given by means of electronic messages or by a general posting on the service.
19. THIRD PARTY BENEFICIARIES
You agree and acknowledge that if the FOO-lance Parties determine or reasonably suspect that you are reselling or brokering FOO-lance.com information, programs, computer applications, or data, or are otherwise violating any provision of this Agreement, or any of the laws, regulations, or rules described herein, the FOO-lance Parties may take immediate action, including without limitation, legal action, terminating the delivery of, and the license to use, the FOO-lance services. You expressly acknowledge that FOO-lance’s third party providers shall be third party beneficiaries of this Agreement and shall have all rights to enforce the terms and conditions of this Agreement.
20. RIGHT TO INVESTIGATE
You understand and agree that FOO-lance reserves the right to investigate any improper use of the website that we reasonably suspect to be in violation of the terms set forth in this agreement. FOO-lance may may modify, remove or disable access to any content that violates this Agreement.
21. THE AGREEMENT
This Agreement is governed by the laws of the State of California, U.S.A., without regard to its conflicts of law provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section.
You shall not use the Service in any manner contrary to local, state, or federal law. FOO-lance.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state, or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and us with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The mandatory arbitration provision applies to the Subscription Terms of Service as well.
23. THE PARTIES HAVE AGREED THAT THIS AGREEMENT SHALL BE WRITTEN IN ENGLISH.
Last Updated: May 06, 2015
Direct Questions or Notices to:
46-E Peninsula Center, Suite 363
Rolling Hills Estates, CA 90274
Or contact FOO-lance.com online