Web Site End-User Agreement
Freelance Cat Labor Association SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE ("SERVICES") AND INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME WITH NOTICE FROM FCLA, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT AND EXHIBIT A HERETO. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!
This End-User Agreement ("Agreement") is an agreement between you, an individual or a corporation, partnership, or other legal entity that is either looking into, or sincerely will be using FCLA's services ("User"), and the owner of the Web site (“Company”) through which you have requested FCLA's services ("Client"). FCLA's Website, along with it's labor service as further described within this website's member's area together with it's separate terms of service, these services (“Services”), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF AGREEMENT
The Client understands that there is a separate terms of service which governs the use of Company's labor services (“Labors”) within Company's website which must be reviewed and acknowledged before any Labors can be rendered.
Company's Website is provided by Company on behalf of Client, and is provided to User, subject to agreement to the terms and conditions of this Agreement, any amendments to this Agreement, and any operating rules or policies that may be published from time to time by Company, all of which are hereby incorporated by reference.
The Website End-User Agreement and The Terms of Service for Labor (“These Agreements”) comprise the entire agreement between User and Company and supersedes any prior agreements pertaining to the subject matter contained therein.
2. USER'S REGISTRATION OBLIGATIONS
User must be at least thirteen (13) years old to register on this website and to use The Services of the Company by direction of a supervising adult. In consideration of use of The Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, Company and Client have the right to terminate User's membership and refuse any and all current and/or future use of The Services.
3. USE OF REGISTRATION DATA
User acknowledges that Registration Data is to be shared between Company and Client. Company agrees not to contact User if User informs Company of User's preference not to be contacted. Company shall acknowledge Client if User states a preference not to be contacted. However, Company shall not be responsible or liable if Client's Services are inhibited, missed, or terminated by such preference of Client to not be contacted.
User agrees that Company may utilize Registration Date to Contact User in the commission of Labors requested by User, and in the provision of Company's availability, periodic special member offers, or other periodic updates requested by user.
User agrees that Company may disclose Registration Data to managing contracted third parties in the commission of mailings and data management so that Company may focus on performing quality Labors rather than the details of business operations.
4. USER CONTENT
Company and Client consider email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Client will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company, Client, and their third party service providers may do so: (a) to comply with legal process; (b) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (c) to protect the rights or property of Company, Client, its third party service providers, or others.
User acknowledges that content posted to public community areas is publicly available and that Company does not take any responsibility for such content. However, Company reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation.
User also acknowledges and agrees that Company, Client and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.
5. USER NAME, MEMBER ACCOUNT, PASSWORD AND SECURITY
User will receive a designated password and account upon completing the registration process for the Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify Company of any unauthorized use of User's password or account or of any other breach of security.
6. USER CONDUCT
User agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.
User agrees not to use the Services in an abusive manner during the process to upload, post, email, interact, interface, or otherwise transmit through the Services, which includes, but is not limited to: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Company may ban User from future use of the Services if User does not comply with Company's standards of conduct, even if User attempts to use the Services through another Client or under a different name. Furthermore, User acknowledges and agrees that Company may recover damages from User if User violates these terms.
7. USAGE WARANTEE AND RIGHT OF USE
Client warrants that Client is not a competitor, reporter, or otherwise (“Sham User”). The Client warrants and represents that they are not here on an information gathering expedition, neither doing research or investigation, but are here by referral of a friend, or by specific invitation of Company. That they are here on the true premise to use the labor service in and on their own capacity without direction of another. If Client is a Sham User, and proceeds to use Services in an abusive manner as described under “User Conduct” of this agreement, or on a false pretense in order to gather information, Client agrees to pay Company 500 pounds in gold bullion regardless of any jurisdictional limitations, legal precedent, case, maxim, policy, conflict of law, or other legal novelties, and without any action, manipulations, or otherwise, to recover it back directly or indirectly.
User agrees to indemnify and hold Company, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Company's Website, User's connection to the Company's Website, User's violation of this Agreement, or User's violation of any rights of another party.
9. STORAGE OF COMMUNICATIONS
Company, Client, and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services.
(a) User agrees that Company, Client, or their third party service providers may terminate User's password, account, or use of the Services if Company, Client, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Company, Client, or their third party service providers or other Users or parties. User further agrees that Company, Client, and their third party service providers may terminate User's password, account, or use of the Services if User fails to use the Services at least one time during a reasonable period of time, which shall not be less than sixty (60) days, as determined from time to time by Company and Client.
(b) User agrees Company may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.
The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site. User acknowledges and agrees that Company, Client, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of deep links, and that Company, Client, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
12. COMPANY'S PROPRIETARY RIGHTS
User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, Client, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.
13. DISCLAIMER OF WARRANTIES
(a) USER EXPRESSLY AGREES THAT USE OF THE COMPANY'S WEBSITE IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
(b) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(c) COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE COMPANY'S WEBSITE WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CLIENT, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY'S WEBSITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE COMPANY'S WEBSITE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
(d) USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE COMPANY'S WEBSITE IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
(e) COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANYTHING PURCHASED OR OBTAINED THROUGH OR FROM THE COMPANY'S WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE COMPANY'S WEBSITE.
(f) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE COMPANY'S WEBSITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
(g) USER WAVES JURISDICTIONAL CLAIM AND RIGHTS TO THE EXCLUSION OF CERTAIN WARRANTIES REGARDLESS OF CONFLICT OF LAW, THEREFORE ALL OF THE ABOVE EXCLUSIONS WILL APPLY TO ALL USERS.
14. LIMITATION OF LIABILITY
(a) USER AGREES THAT COMPANY, CLIENT AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE COMPANY'S WEBSITE, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE COMPANY'S WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, CLIENT, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) USER FURTHER AGREES THAT COMPANY, CLIENT, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
(c) User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.
(d) IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
(e) USER WAVES ANY JURISDICTIONAL CLAIM AND RIGHTS TO WITHDRAW FROM CLAUSES IN THIS AGREEMENT PERTAINING TO THE LIMITATION AND EXCLUSION FOR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND DOES SO WAVE SUCH CLAIM AND RIGHT REGARDLESS OF CONFLICT OF LAW, THEREFORE ALL OF THE ABOVE EXCLUSIONS WILL APPLY TO ALL USERS.
(f) If you have chosen the virus scanner, please be advised that this virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that, as provided in the Terms of Service, neither FCLA nor its licensors are responsible for any damages caused by your decision to do so.
Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS.