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FAN CONTROLLED FOOTBALL LEAGUE

TERMS AND CONDITIONS

Website Terms of Use

Last Modified: March 19, 2019

 

Acceptance of these Terms of Use

These terms of use are entered into by and between you and Franchise League Company, LLC (collectively, without our affiliates and subsidiaries, “Company,” “we,” “us” or “our”). The following terms and conditions, together with any policies and other documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.fcfl.io or www.fancontrolled.football, including any content, functionality, web applications and services offered on or through such websites (collectively, the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website.

By using the Website or by clicking to accept or agree to these Terms of Use when this option is made available to you, as applicable, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.fcfl.io/privacypolicy, incorporated herein by reference.  If you do not agree to these Terms of Use or the Privacy Policy, then you must not access or use the Website.

This Website is offered and available to users who are 16 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet the foregoing eligibility requirements. If you do not meet all of these requirements, then you must not access or use the Website.

These terms OF USE require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

 

Changes to these Terms of Use

Intellectual Property Rights

Trademarks

No Support or Maintenance

Prohibited Uses

User Contributions

Feedback

Monitoring and Enforcement; Termination

Content Standards

Copyright Infringement

Reliance on Information Posted

Changes to the Website

Information About You and Your Visits to the Website

Online Purchases and Other Terms and Conditions

Linking to the Website and Social Media Features

Links from the Website

Geographic Restrictions

Release

Disclaimer of Warranties

Limitation on Liability

Indemnification

Governing Law and Jurisdiction

Arbitration Agreement

Limitation on Time to File Claims

General Terms and Conditions

Copyright Policy

Your Comments and Concerns

 

 

Changes to these Terms of Use

We may revise, modify and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set for therein will not apply to any disputes for which the parties have actual notice on or before the date that such changes are posted on the Website.

Your continued use of the Website following the posting of revised, modified or updated Terms of Use means that you accept and agree to such changes. You are expected to check this page from time to time, so you are aware of any changes, as they are binding on you.

 

Accessing the Website and Account Security

We reserve the right to withdraw, modify or amend the Website, and any service or material that we provide on or through the Website, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website; and
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources, services and/or functionality it offers, you may be required to provide certain registration details or other information. It is a condition of your use of the Website that all of the information you provide on or through the Website is correct, current and complete. You acknowledge and agree that all information that you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions that we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, then you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge and agree that your account is personal to you and you shall not provide any other person with access to the Website or any portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer, so that others are not able to view or record your username, password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

 

Intellectual Property Rights

The Website and its entire contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws, as applicable.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, disassemble, reverse engineer, publicly display, publicly perform, republish, download, store or transmit any part of the Website or materials on the Website, except as follows:

  • Your device (including, without limitation, computer, mobile phone, tablet, game console, STB, smart TV and other internet connected platforms and devices) may temporarily store copies of such materials in RAM or other system memory incidental to your accessing and viewing those materials;
  • You may store files that are automatically cached by your Web browser for display enhancement purposes;
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided that you agree to be bound by our end user license agreement for such applications; and
  • If we provide social media features with certain content, then you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from the Website;
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website;
  • Use or access the Website in order to build a similar or competitive website, product or service;
  • License, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Website, whether in whole or in part, or any contact displayed on or through the Website; or
  • Access or use for any commercial purposes any part of the Website or any products, services or materials available on or through the Website.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, then your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials that you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted hereunder are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

 

Trademarks

The Company’s name, the terms “Fan-Controlled Football League” and “FCFL,” the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

 

No Support or Maintenance

You understand, acknowledge and agree that the Company will have no obligation to provide you with any support or maintenance in connection with the Website.

 

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
  • To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole and absolute discretion, may harm the Company or users of the Website or expose them to liability;
  • Harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;
  • Use software or automated agents or scripts to produce multiple accounts on the Website or to generate automated searches, requests or queries to (or to strip, scrape or mine data from) the Website.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website, including, without limitation, their ability to engage in real time activities through the Website;
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including, without limitation, monitoring or copying any of the material on the Website;
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
  • Use any device, software or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

 

User Contributions

The Website may contain upload screens, submission screens, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display and/or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution that you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on or through the Website, you grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to use, reproduce, modify, perform, display, distribute, prepare derivative works of, incorporate into other works, exploit and disclose to third parties any such User Contribution for any purpose, and to grant sublicenses of the foregoing rights.

Without limiting the generality of the foregoing, as consideration for your use of the Website, you hereby irrevocably assign to us, in each case without additional consideration, all right, title and interest throughout the world in and to any team names, logos, cheers, songs, slogans and any other text- and/or media-based items submitted and related materials included in the User Contributions, including, without limitation, any and all related copyrights, trademarks, service marks and other intellectual property rights therein and thereto (the “Assigned Items”).  Any assignment of copyrights under this Agreement includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as “moral rights;” and you hereby irrevocably waive, to the extent permitted by applicable law, any and all claims that you may now or hereafter have in any jurisdiction to such moral rights.  To the extent, if any, that any of the Assigned Items are not assignable or that you retain any right, title or interest in and to any Assigned Items, you: (a) unconditionally and irrevocably waive the enforcement of such rights and all claims and causes of action of any kid against use with respect to such rights; (b) agree, at our request and expense, to consent to and join any action to enforce such rights; and (c) hereby grant to us a perpetual, irrevocable, fully paid-up, royalty-free, transferable, sublicensable (through multiple levels of sublicenses), exclusive, worldwide right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), prepare derivative works of and otherwise modify, make, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on our behalf) all or any portion of the Assigned Items, in any form or media (now known or later developed).

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns;
  • With respect to the Assigned Items, you own or control all rights in and to the Assigned Items such that you have the right to assign to us the Assigned Items as contemplated hereunder and otherwise grant the rights set forth above with respect to such Assigned Items;
  • All of your User Contributions (including the Assigned Items) do and will comply with these Terms of Use;
  • All of the User Contributions (including the Assigned Items) do not and shall not infringe, misappropriate or violate any patent, copyright, trademark, trade secret, publicity, privacy or other rights of any third-party; and
  • You irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Contributions.

You understand, acknowledge and agree that you are responsible for any User Contributions that you submit or contribute, and you, not the Company, have full responsibility for such content, including, without limitation, its legality, reliability, accuracy and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

 

Feedback

If you provide the Company with any feedback or suggestions regarding the Website (“Feedback”), then you hereby assign to the Company all right, title and interest in and to such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary.  You understand, acknowledge and agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

 

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Contribution violates these Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing or anything herein to the contrary, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote or assist any unlawful act;
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

Copyright Infringement

If you believe that any User Contributions violate your copyright, then please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the Company’s policy to terminate the user accounts of repeat copyright infringers.

 

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance that you place on such information is strictly at your own risk. We disclaim any and all liability and responsibility arising from any reliance placed on such information or materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including, without limitation, materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the respective opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.

 

Changes to the Website

We may revised, modify or update the content on this Website from time to time in our sole and absolute discretion, but its content is not necessarily complete or up-to-date. Any of the information or material on the Website may be out of date at any given time, and we are under no obligation to update such material.

 

Information About You and Your Visits to the Website

All information that we collect on or through this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

 

Online Purchases and Other Terms and Conditions

All purchases through our Website or other transactions for the sale of goods, services and/or information, as applicable, formed through the Website or resulting from visits made by you are governed by our applicable terms of sale, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

 

Linking to the Website and Social Media Features

You may link to www.fcfl.io, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent in each case.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website;
  • Send emails or other communications with certain content, or links to certain content, on this Website; and/or
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content that they are displayed with and otherwise in accordance with any additional terms and conditions that we provide with respect to such features. Subject to the foregoing and except as otherwise expressly allowed herein or by us, you must not:

  • Establish a link from any website or social media account that is not owned by you;
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking or in-line linking;
  • Link to any part of the Website other than the homepage unless expressly allowed by us; or
  • Otherwise take any action with respect to the information or materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking or on which you make certain content accessible must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice at any time and without any reason. We may disable all or any social media features and any links at any time without notice in our sole discretion.

 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, then these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, then you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, then you do so on your own initiative and are responsible for compliance with local laws.

 

Release

You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Website (including any interactions with, or act or omission of, other Website users or any third-parties, including third-party links and ads).  IF YOU ARE A CALIFORNIA RESIDENT, THEN YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

Disclaimer of Warranties

You understand, acknowledge and agree that we cannot and do not guarantee or warrant that files available for downloading or access from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR ANY OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OR ACCESS OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED ON  OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED ON OR THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, THEN ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF USE OR THE WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms of Use, (b) your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from or through the Website or (c) your violation of applicable laws or regulations. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of the Company.  The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

 

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

Arbitration Agreement

Please read this Arbitration Agreement carefully.  It is part of your contract with THE Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement.  Any and all claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with these Terms of Use, the Website or the use of any product, service or information provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services and goods provided under these Terms of Use.

Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to:

FCFL

ATTENTION:  Dispute Resolution

5877 Obama Blvd

Los Angeles, CA 90016

 

After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, then either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, then the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., then the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants to you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, then the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs (including attorneys’ fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, then the arbitration shall be conducted by telephone, online and/or based solely on written submissions; and the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits.  Except as otherwise set forth herein, if you or the Company pursue arbitration, then arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator.  If arbitration is initiated, then the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court.  Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.

 

Limitation on Time to File Claims

TO THE EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

General Terms and Conditions

Export. The Website may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Disclosures. The Company is located at the address set forth below. If you are a California resident, then you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and the Company use electronic means, whether you use the Website or send us emails, or whether the Company posts notices on the Website or communicates with you via email. For contractual purposes, you: (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

Construction; Independent Contractors; Assignment. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms of Use.  The terms and conditions set forth in these Terms of Use shall be binding upon assignees.

Waiver and Severability. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, then such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.

Entire Agreement. These Terms of Use, our Privacy Policy, Terms of Sale and other policies referred to herein constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Website.

Term and Termination. Subject to this section, these Terms of Use will remain in full force and effect while you use the Website.  Upon termination of your rights under these Terms of Use, your account and right to access and use the Website will terminate immediately.  You understand and agree that any termination of your account may involve deletion of your User Contributions associated with your account from our live databases.  The Company will not have any liability whatsoever to you for any termination of your rights under these Terms of Use, including for termination of your account or deletion of your User Contributions.

 

Copyright Policy

The Company respects the intellectual property of others and asks that users of our Website do the same.  In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Website who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, then the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

 

  1. Your physical or electronic signature;
  2. Identification of the copyrighted work(s) that you claim to have been infringed;
  3. Identification of the material on our services that you claim is infringing and that you request us to remove;
  4. Sufficient information to permit us to locate such material;
  5. Your address, telephone number, and e-mail address;
  6. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

 

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (i.e., falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

The designated Copyright Agent for the Company is: Steve Adler

Designated Agent:      Steve Adler

Address of Agent:       FCFL, 5877 Obama Blvd, Los Angeles, CA 90016

Telephone:                  +1 (800) 851-1490

Fax:                             +1 (315) 320-0164

Email:                         privacy@fcfl.io

 

Your Comments and Concerns

This website is operated by Fanchise League Company, LLC.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: privacy@fcfl.io.