Terms and Conditions of User and Disclaimers
1. About our Website
Everything we offer on our Website is referred to in these TC’s collectively as our “Services." Some of what is on our Website is viewable without registering with us, but to actively participate or store your information, you must register and authorize the use and disclosure of your personal information.
These Terms of Service applies to any and all users of the Service. This includes any user who also contributes to the “Content on the Service”. The “Content” is deemed to mean all text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service is considered as all aspects of FTB which includes but is not limited to all products, software and services offered through the FTB website, such as the FTB App, FTB “Embeddable Player,” the FTB "Uploader" and any other application.
The Service will contain links to third party websites that are not owned or controlled by FTB. FTB neither has nor assumes any control or responsibility for, the content, privacy policies, or practices of any third party websites. Furthermore, FTB cannot and will not censor or be held liable for editing/edited/ to edit content of any third-party site. By using the Service, you expressly agree to relieve and hold harmless FTB from any and all liability arising from your use of any third-party website.
At our sole discretion FTB may modify or change these TC’s at any time and you agree to be bound by these modifications or revisions. None of these nor anything in these Terms of Service shall be deemed to confer any third-party rights or benefits. Upon any change in these TC’s, we will post the amended agreement on our Website with notice of the changes and will, where possible, send you an email notifying you of the nature of the modifications and a link to the modified document on our Website so that you may review it. You should periodically review the most up-to-date version of our TC’s http://www.FindTheBiz.com/Community/TOS. Your continued use of our Website and/or our Services following receipt of such notification shall constitute your affirmative acknowledgement of the TC’s and its modification and agreement to abide and be bound by the TC’s, as amended. If at any time you choose not to accept these TC’s, including following receipt of notification of any modifications hereto, then discontinue using our Website.
- To access features of the Service, you must create an FTB account. Do not use another's account without permission, it is not allowed. It is imperative that you provide accurate and complete information when creating your FTB account. As the account creator, you are solely responsible for the activity that occurs on your account. You must keep your account password secure. You must notify FTB immediately of any breach of security or unauthorized use of your account.
- FTB will not be liable for your losses caused by any unauthorized use of your account, although you may be liable for the losses of FTB or others due to such unauthorized use.
- As part of our registration process, you will provide at a minimum your name, age, address, phone number so that we may keep statistics and demographic information about users of our website in order to provide members and users better Services.
- You are restricted from registering to become a member of FTB website if you are our competition, although you may use the Services if there is no malicious, destructive, negative or adverse intent to sabotage or destroy the legitimate reputation of our site. You also will be held accountable for, and must abide by and agree to the TC’s of our site. Our “competition” or not will be determined at the sole discretion of FTB.
4. Your Personal Information
5. General Use of the Service—Permissions, Restrictions and Your Responsibilities
Permissions and Restrictions:
You are hereby granted permission, by FTB, to access and use our Service as set forth in these Terms of Service, provided that:
- You agree not to distribute in any medium any part of the Service or the Content without FTB’s prior written authorization, unless FTB makes available the means for such distribution through functionality offered.
- You agree that you will not alter or modify any part of the Service.
- You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Embeddable Player, or other explicitly authorized means FTB may designate.
- You agree not to use the Service for any of the following commercial uses unless you obtain FTB’s prior written approval:
- the sale of access to the Service;
- the sale of advertising, sponsorships, or promotions placed on or within the Service or Content; or
- the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via the Service, unless other material not obtained from FTB appears on the same page and is of sufficient value to be the basis for such sales.
- Prohibited commercial uses do not include:
- uploading an original video to FTB, or maintaining an original channel on FTB, to promote your business or artistic enterprise;
- showing FTB videos through the Embeddable Player on an ad-enabled blog or website, subject to the advertising restrictions set forth above in Section 4.D; or
- any use that FTB expressly authorizes in writing
(For more information about what constitutes a prohibited commercial use, see our FAQ.)
- If you use the Embeddable Player on your website, you may not modify, build upon, or block any portion or functionality of the Embeddable Player, including but not limited to links back to the FTB website.
- If you use the FTB Uploader, you agree that it may automatically download and install updates from time to time from FTB. These updates are designed to improve, enhance and further develop the Uploader and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FTB to deliver these to you) as part of your use of the Uploader.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the FTB servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, FTB.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. FTB reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
- Your video content must be absent of any vulgarity, nudity, any objectionable behavior or signs and gestures. In determining violations or offenses mentioned in the former sentence FTB will apply the rule, “what does society consider morally acceptable behavior”. Violators of this rule will have the offensive videos removed. Repeat offenders will be barred from the site with no refund.
- We are a site dedicated to fair and equal business marketing practices for our members and protecting the rights of those members of our site is of paramont importance. Therefore, be courteous, kind and considerate to all member businesses and business owners on our website. Although we see nothing wrong with a little good-natured and lighthearted bantering among business owners, please keep such marketing and promotion to a minimum. We do not wish to support any feuds or wars. Anything more than lighthearted bantering may get up you barred from the website with no refund. Please do not post or upload any derogatory, defaming, ugly, dishonest, malicious and uncalled for remarks, videos or photos with the intention of causing harm or destruction to another members reputation or business to this website. This is not what FindTheBiz.com is about nor do we support this type of cutthroat marketing. It will not be tolerated or supported! It is grounds for you to be immediately barred from our communal website with absolutely No Refund and No Recourse!
In addition, videographers or producers of your video(s) can promote themselves through your video with limitations. They are restricted to the last 15 seconds of the video and any references (logos, initials, or contact information/ website addresses) to the business must be located on the video in the lower right hand corner of the video. This restriction applies to all member videos except, those videographers, producers, etc. who are members of FTB and have their own business profile and are advertising within their own profile page.
- In your use of the Service, you will comply with all applicable laws.
- FTB reserves the right to discontinue any aspect of the Service at any time.
- In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
- The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to FTB, subject to copyright and other intellectual property rights under the law.
- Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by FTB on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of FTB or the respective licensors of the Content. FTB and its licensors reserve all rights not expressly granted in and to the Service and the Content.
- You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
- You understand that when using the Service, you will be exposed to Content from a variety of sources, and that FTB is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FTB with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless FTB, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
You are responsible for all use of our Website. You may use our Website and our Services for lawful, non-commercial purposes only. You may not use our Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of our Website or our Services. You may not attempt to gain unauthorized access to any of our Services, user or member information, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you agree that you shall not (and you agree not to allow any third party to):
- Copy, modify, adapt, translate, or reverse engineer any portion of our Website, its content or materials, and/or our Services;
- Remove any copyright, trademark or other proprietary rights notices contained in or on our Website and/or our Services, or in or on any content or other material obtained via our Website and/or our Services;
- Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of our Website and/or our Services;
- Access, retrieve or index any portion of our Website and/or our Services for purposes of constructing or populating a searchable database of reviews related to the health care industry or medical physicians;
- Reformat or frame any portion of our web pages that are part of our Website and/or our Services;
- Fraudulently misuse our Services by any means;
- Create user accounts by automated means or under false or fraudulent pretences; or
- Collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
In addition to our rights under Section 16, we may take any legal action and implement any technical remedies to prevent the violation of this provision and to enforce these Terms.
6. Changes to our Services
We may from time to time add new services to our Services, substitute a new service for one of the existing Services, or discontinue or suspend one of the existing Services. Information about the new services will be included on the Site, and the users of new services will be governed by these TC’s. You agree that FTB will not be liable to you or any third party for any suspension or discontinuation of any of our Services.
7. Links to Other Sites
Our Website may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and do not mean that we endorse these websites or the products and/or services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites.
8. Additional Terms
Certain of our Services on our Website may have additional terms (such as policies, guidelines, and rules) that will further govern your use of that particular Service and supplement these TC’s. If you choose to register for or access any such Services, you will be presented with additional relevant terms and conditions at that time. By using those Services, you agree to comply with such additional guidelines and rules.
9. No Spam
You may not use contact information provided by our members and users or harvest such information for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications, defined as such as SPAM. You may not allow others to use your information to violate the terms of this section. We may terminate your access to our Website immediately and take other legal action if you or anyone violates these provisions.
10. The Content You Post and Submit and Your Conduct
- As a FTB account holder you may submit Content to the Service, including videos and user comments. You understand that FTB does not guarantee any confidentiality with respect to any Content you submit. Therefore, be careful and respectful of the content submitted to the service.
- You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to FTB all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
- For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to FTB, you hereby grant FTB a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service and FTB’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that FTB may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
- You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant FTB all of the license rights granted herein.
- You further agree that you will not submit to the Service any Content or other material that is contrary to the FTB Community Guidelines, currently found at http://www.FindTheBiz.com/community/guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
- FTB does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and FTB expressly disclaims any and all liability in connection with Content. FTB does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and FTB will remove all Content if properly notified that such Content infringes on another's intellectual property rights. FTB reserves the right to remove Content without prior notice.
You will have the opportunity to submit feedback regarding your experiences with all member businesses of FTB who are featured on our Website. It is important that you act responsibly when providing this feedback. Please give clear, honest information about the members business and your experiences, but do not use inappropriate language or make gratuitous personal criticisms or comments. We reserve the right to remove feedback for any reason as do our members. We are not, however, responsible for any failure or delay in removing feedback. Keep in mind that the feedback of others is simply opinion and you should not be relied on. In addition:
- You are solely responsible for any content and other material that you submit, publish or display on our Website or transmit to other users of our Website (hereinafter referred to as "Posted Content").
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. You may not submit any content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
- You may not provide any Posted Content that falsely expresses or implies that such content or material is sponsored or endorsed by FTB.
- You may not provide any Posted Content that is unlawful or that promotes or encourages illegal activity.
- You understand and agree that FTB may review and delete any Posted Content that in the sole judgment of FTB violates these TC’s or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users of our Website and/or other website users.
- You agree that you will only provide Posted Content that you believe to be true and you will not purposely provide false or misleading information.
- By posting Posted Content on our Website, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, FTB, its contractors, and the users of our Website an irrevocable, perpetual, royalty-free, fully sub-licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Posted Content and to adapt, edit, translate, prepare derivative works of, or incorporate into other works, such Posted Content. This license is non-exclusive, except you agree that shall have the exclusive right to practice this license to the extent of combining your Posted Content with the Posted Content of other FTB users for purposes of constructing or populating a searchable database of reviews related to the health care industry.
- The following is a partial list of the kind of content and communications that are illegal or prohibited on/through our Website. FTB reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from our Services and terminating or blocking your use of our Services and/or our Website. You may not post content that:
- is false or intentionally misleading,
- harasses or advocates harassment of another person,
- involves the transmission of unsolicited mass mailing or "spamming,"
- violates the intellectual property or other rights of any person,
- is threatening, obscene, defamatory or libellous, or
- is pornographic or sexually explicit in nature.
11. Your Use of Content
Except for content posted or submitted by you or any other visitors to our Website, all of the content available on or through our Services and/or our Website, including without limitation, text, photographs, graphics and video and audio content, is owned by us and our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Services and any underlying technology or software used in connection with our Services contain FTB proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of our Services. You may print, download, and store information from our Website for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit our Website in whole or in part, for any commercial gain or purpose whatsoever. Except as is expressly and unambiguously provided herein, FTB and its suppliers do not grant you any express or implied rights, and all rights in our Website and our Services not expressly granted by FTB to you are retained by FTB.
12. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The owners of FTB are the designated Copyright Agents to receive notifications of claimed infringement. Email: info@FindTheBiz.com, send fax to: 916-683-5150. For clarity, only DMCA notices should go to the FTB Copyright Agents; any other feedback, comments, requests for technical support, and other communications should be directed to FTB customer service through email: customerservice@FindTheBiz.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, FTB may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at FTB’s sole discretion.
13. Warranty Disclaimer
WE PROVIDE OUR WEBSITE AND OUR SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING ALL STATUTORY WARRANTIES, WITH RESPECT TO OUR SERVICES AND OURWEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT OUR SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE EFFECTIVE, RELIABLE OR ACCURATE OR WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE OUR SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING.YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FTB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. FTB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FTB DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FTB WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14. Limitation of Liability
IN NO EVENT SHALL FTB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT FTB SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICE IS CONTROLLED AND OFFERED BY FTB FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. FTB MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
OUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO NOT USE OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR USE OF OUR SERVICES OR OUR WEBSITE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO UTILIZE OUR SITE OR OUR SERVICES OR (B) $100. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, OR INABILITY TO USE, OUR WEBSITE AND/OR OUR SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS "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."
15. Termination Policy
- FTB will terminate a user's access to the Service if, under appropriate circumstances, the user is determined to be a repeat infringer.
- FTB reserves the right to decide whether Content violates these TC’s for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or excessive length. FTB may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these TC’s.
- We may terminate and/or suspend your use of our website immediately, without notice, if there has been a violation of these TC’s or other policies and terms posted on our Website by you or by someone using your personal information. We may also cancel or suspend your use of our Website for any other reason but will attempt to notify you in advance of such cancellation or suspension. FTB shall not be liable to you or any third party for any termination of your access to our Website and/or our Services. Further, you agree not to attempt to use our Website and/or our Services after any such deletion, deactivation or termination. Sections 11, 13, 14, 15, 16, 17, 18, 19, and 21 shall survive any termination or expiration of these Terms.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless FTB, its parent, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these TC’s through access or use; (iii) violation by any third party right using your personal information including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these TC’s and your use of the Service. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
17. Electronic Contracting and Notices
Your affirmative act of using our Website and/or our Services constitutes your electronic signature to these TC’s and your consent to enter into agreements with us electronically.
18. Entire Agreement
19. Choice of Law and Dispute Resolution
This agreement shall be deemed to have been entered into and shall be construed and enforced in accordance with the laws of the State of California as applied to contracts made and to be performed entirely within California, without giving effect to the state’s conflicts of law statute. Any controversy, dispute or claim arising out of or related to these TC’s or your use of our Services shall be settled by final and binding arbitration to be conducted by an arbitration tribunal in the State of California, and the City and County of San Francisco, pursuant to the rules of the American Arbitration Association. The arbitration tribunal shall consist of one arbitrator. The decision or award of the arbitrator shall be final, and judgment upon such decision or award may be entered in any competent court or application may be made to any competent court for judicial acceptance of such decision or award and an order of enforcement. The parties agree that the arbitrator shall have the authority to impose equitable and injunctive relief as well as to award monetary relief, as the arbitrator deems appropriate.
We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on our Website regarding any change of ownership so that you have the opportunity to discontinue your use of our Website and our Services under the new ownership. You may not assign, transfer any rights or sublicense these TC’s to anyone else and any attempt to do so in violation of this section shall be null and void.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TC’s, and to abide by and comply with these Terms of Service. You must be 18 or over, or the legal age to form a binding contract in your jurisdiction if that age is greater than 18 years of age, to use our Website and our Services. If you are between the ages of 13 and 18 or the applicable legal age in your jurisdiction, you can use our Website and/or our Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the TC’s. If you are under the age of 13, you may not use our Website and/or our Services in compliance with the Children's Online Privacy Protection Act. If you are the parent or legal guardian of a child under the age of 18, you may use our Website and/or our Services on behalf of such minor child. By using our Website and/or our Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child. If you do not qualify under these terms, do not use our Website and/or our Services. Membership in our Services is void where prohibited by applicable law, and the right to access our Website is revoked in such jurisdictions. By using our Website and/or our Services, you represent and warrant that you have the right, authority, and capacity to enter into these TC’s and to abide by all of the terms and conditions set forth herein. The Site is administered in the U.S. and intended for U.S. users; any use outside of the U.S. is at the user's own risk and users are responsible for compliance with any local laws applicable to their use of our Services or our Website.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over FTB, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and FTB that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Sacramento County, California. These Terms of Service, together with the Privacy Notice at http://www.FindTheBiz.com/Community/privacy_policy and any other legal notices published by FTB on the Service, shall constitute the entire agreement between you and FTB concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and FTB's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. FTB reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND FTB AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Dated: May 20, 2013