This Site and any of its related Services and links do not constitute mandatory obligations of Users to make purchases or to utilize any Services. All such conduct, decisions, and purchases and sales through the Site is at the sole discretion, intent, consent of the Users. By providing a forum for such transactions on this Site, it does not constitute a representation or warranty by Febre Frameworks in any way as to the value, condition, or other aspect of results related to any products sold or services provided hereunder, whether or not such information is material or not to any sale transaction.
Acceptance of Terms of Service
BINDING TERMS. BY REGISTERING FOR AND/OR USING THE SITE AND SERVICES IN ANY MANNER, INCLUDING, BUT NOT LIMITED TO, VISITING OR BROWSING THE SITE AND/OR ITS APPLICATIONS, REGISTERING TO RECEIVE AND PAYING FOR PRODUCTS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL OTHER TERMS AND CONDITIONS, OPERATING RULES, POLICIES, AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME THROUGH THE SERVICES BY FEBRE FRAMEWORKS OR OTHERWISE PROVIDED TO YOU IN CONNECTION WITH THE SERVICES, EACH OF WHICH IS INCORPORATED BY REFERENCE INTO THESE TERMS OF SERVICE. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO DO SO.
Applicability. These Terms of Service apply to all users of the Site and Services. This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the User’s own risk. Febre Frameworks is not responsible for the accuracy or reliability of any information, data, opinions, photographs, advice or statements made on these sites, which includes but is not limited to any disclosures made or safety measures in place with privacy and data protection. Febre Frameworks is merely providing You as the User, a limited revocable license to use this Site and Services and provides this Site and any third-party links merely as a convenience and the inclusion of such links do not imply an endorsement of the same by Febre Frameworks.
Eligibility. Eligibility Requirements. You represent and warrant that you are at least eighteen (18) years of age and that you have the right, authority, and capacity to enter into, perform your obligations under, and abide by these Terms of Service. If you are under the age of 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule, or regulation. Further, unless otherwise mutually agreed in writing, the Services are offered only for your use and not for the use or benefit of any third party; and in any event, each person receiving the benefit of the Services must agree to and abide by these Terms of Service as a condition to our obligations.
Non-U.S. Users. The Services are controlled and offered by us from our facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. By providing information in connection with the Services, you consent to the transfer of your information to, and storage of your information in, the United States, the laws of which may not be as stringent as the laws of the country in which you reside.
Permitted Uses; Act Accordingly. You understand and agree that you need to exercise good judgment and common sense; conduct yourself on this Site with all necessary, appropriate, and prudent action. By using this Site and the Services, you agree to be subject to all applicable local, state, local, provincial, territorial, federal, and international laws. You agree not to use the Site and Services or any of the contents contained herein for any illegal purpose nor to transmit to or through the Site and Services any material that is illegal, harmful, threatening, defamatory, obscene, hateful, or otherwise objectionable, or to interfere with, abuse, or otherwise violate the legal rights of any third party using the Site and Services (including any such conduct related to Febre Frameworks’ products, merchandise, or the services offered on or in connection with the Site and Services.
Viruses, Hacking, and other Offenses
You must not misuse the Site and Services by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or harmful to technology. You must not attempt to gain unauthorized access to the Site and Services, the server on which the Site and Services are stored, or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may commit a criminal offense. Febre Frameworks will report any such breach to the relevant law enforcement authorities and will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site and Services will cease immediately. Febre Frameworks will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or your downloading any material posted on the Site or any third-party website linked to the Site.
Rules of Conduct
No Prohibited Use. As a condition of use, you shall not use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
Our Additional Rights. We also reserve the right, without any obligation, to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; (v) fulfill any requests for services or otherwise submitted into the Site; or (vi) protect the rights, property or safety of us, our users, and the public. You acknowledge and agree that we may, but have no obligation to, conduct background checks, reference checks, and credit checks on any users of the Services that inquire within to Febre Frameworks to engage in a business transaction with Febre Frameworks online.
Contributed User Content. From time to time, Febre Frameworks may provide interactive Services on the Site, including but not limited to chat rooms, bulletin boards, blogs and forums. Febre Frameworks disclaims any obligation to oversee, monitor or moderate any interactive services provided on the Site, and in no event shall Febre Frameworks be liable for any loss or damage arising from the use of any interactive service by a user in contravention with Febre Frameworks’s content standards. If you post any content to the Site, you hereby grant Febre Frameworks and its subsidiaries, affiliates, and licensees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publicly display, publicly perform, modify, sublicense, and distribute such content and incorporate it in other works, in whole or in part, in any manner and any media now known or hereafter developed. You grant Febre Frameworks and its subsidiaries, affiliates, and licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own such content or otherwise have sufficient rights in the content to grant the foregoing license without infringing or violating the rights of any third party; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and hold harmless Febre Frameworks for all claims resulting from the content you supply. Febre Frameworks has the right but not the obligation to monitor and edit or remove any activity or content. Febre Frameworks takes no responsibility and assumes no liability for any content posted by you or any third party.
The following standards apply to any and all material, which you contribute to the Site (“Contributions”) and to any associated interactive services:
- Be accurate (when they state facts);
- Be genuinely held (when they state opinions); and
- Comply with applicable laws in the United States of America and in any country from which they are posted.
Whether publicly posted or privately transmitted, it is the sole responsibility of the person who originated such Contributions as content to be liable for such Contributions.
- The following standards apply to any and all Contributed content. Without limiting the foregoing, you must not post Distributed content that: infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity or violates any law or contractual duty – you know is false, misleading, untruthful, or inaccurate; is unlawful, threatening, discriminatory, hateful, abusive, harassing, defamatory, libelous, deceptive, fraudulent, abuse or invade another person’s privacy or cause annoyance, inconvenience or needless anxiety, tortious, obscene, vulgar, pornographic, offensive, or profane; contains or depicts nudity or sexual activity; promotes bigotry, racism, hatred, or harm against any individual or group; or is otherwise inappropriate as determined by us in our sole discretion; – constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail (“spamming”); – contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party; – impersonates, bullies, stalks, or intimidates any person or entity, including any of our employees or representatives, or falsifies or misrepresents yourself or your personal information; or – includes any confidential information, violates the rights (including, without limitation, the rights of publicity and privacy and rights under a contract) of others, or otherwise contains 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 Service. Any Contributed User content posted on the Site can be stored and retained by Febre Frameworks by virtue of it being uploaded onto the Site and also maintains its storage and right to use for usage data and other anonymized and aggregated data purposes. You acknowledge that all User Content and Contributions, uploaded and produced, or accessed by you using the Site and Services is at your own risk and that you will be solely responsible for any damage or loss to you or any other party resulting therefrom. If at any time Febre Frameworks comes to the understanding that You as a User: (i) misled Febre Frameworks or another User regarding any fact (material or non-material) regarding the Site, or (ii) are acting in a non-cordial manner with another User, Febre Frameworks reserves the right to terminate a User’s access… We do not assume any responsibility or liability or make any warranties or guarantees that any content you access on or through the Site and Services in any country that information is access or viewed in translation format.
Febre Frameworks will determine, in its sole discretion, whether there has been a breach of these content standards through your use of the Site. When Febre Frameworks determines that a breach has occurred, Febre Frameworks may take such action as it deems appropriate, including but not limited to one or more of the following:
- Immediate, temporary or permanent withdrawal of your right to use the Site;
- Immediate, temporary or permanent removal of any Contribution by you;
- Legal proceedings against you for reimbursement of all costs (including but not limited to administrative and legal costs) incurred by Febre Frameworks resulting from the breach; and
- Disclosure of such information to law enforcement authorities as Febre Frameworks deems reasonably necessary.
In no event shall Febre Frameworks be liable for any actions taken in response to any breach of these content standards.
Content and Trademarks. All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on the Site (collectively, “Content”) is owned, controlled or licensed by or to the Company and is protected by trade dress, copyright, patent and trademark laws and various other intellectual property rights and unfair competition laws.
FEBRE FRAMEWORKS BUSINESS AND SERVICES
Advertising. The Site and Services may be supported by advertising revenue, and you hereby agree that we may display advertising, promotions, sponsored listings, and the like in connection with the Site and Services on, around, and in connection with the User experience.
Products and Services. Febre Frameworks strives for the Site and Services to be as accurate as possible. However, Company does not represent or warrant that product descriptions or other content on the Site and Service are accurate, complete, reliable, current, or error-free. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. Prices and terms of purchase of any transaction for the purchase Services shown on the Site are subject to change, whether prior to sale or other affiliated options. Prices shown generally refer to the Services itself and do not necessarily include any taxes, shipping fees, or any other collateral charges to that transaction. Photos and/or drawings may show product descriptions and/or recent pricing, or may not represent the most recent photographs and/or pricing. In addition, we may make changes in information about price and availability without notice. Despite our best efforts, a small number of the items on our Site may be mispriced. If a Service’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Services. By placing an order for Services, you represent that the products ordered will be used only in a lawful manner and the purposes intended.
Payment Terms; Interest; Orders. All orders or requests for Services, if placed through the Site and Services, are subject to Febre Frameworks’s acceptance. Terms of payment are within Febre Frameworks’s sole discretion, and unless otherwise agreed to by Febre Frameworks, Febre Frameworks must receive payment prior to Febre Frameworks’s acceptance of an order. Payment for product orders will be accepted via certain payment methods accepted by TSYS Merchant Services (accepting any major credit card), cash and check. Febre Frameworks reserves the right to modify payment methods at any time at its own discretion. “Your order is subject to cancellation by Febre Frameworks at Febre Frameworks’s sole discretion. All amounts due are payable in U.S. dollars. Any amount not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law if lower, for the unpaid balance due. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by Febre Frameworks in collecting past due amounts from you. Unless otherwise stated in this Agreement, the price payable for Services and any related product(s) is exclusive of value added tax (“VAT”) or other sales tax; and inclusive of all charges for packaging, shipping, carriage, insurance, and delivery (including all other connected travel expenses), duties, licenses, permits, taxes (other than VAT) as may be payable for the Product(s) from time to time.
Shipping; Risk of Loss; Title; Taxes. Shipping and handling charges are additional unless otherwise expressly indicated at the time of Services completion (should photos or other components of the Services require shipping at all). Shipping dates are estimates only. Risk of loss and title for all items purchased from Febre Frameworks pass to you upon our delivery to the carrier to the particular stated destination selected by you. You are responsible for sales and other taxes associated with all orders. Title to all intellectual property rights will remain with the applicable licensor(s).
Links to the Site. Febre Frameworks prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without Febre Frameworks’s prior written consent. Similarly, Febre Frameworks prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without Febre Frameworks’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Links to Other Sites. Febre Frameworks prohibits the creation or maintenance of any link from another website to the Site or any portion thereof without Febre Frameworks’s prior written consent. Similarly, Febre Frameworks prohibits the running or displaying of this Site or any Contributions or content in frames or through similar means on another website without Febre Frameworks’s prior written permission. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
Accounts, Passwords, and Security. Certain features or services offered on or through the Site may require you to open an account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account. You shall notify Febre Frameworks immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Febre Frameworks or any other user of or visitor to the Site due to someone else using your account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s account at any time without the express permission and consent of the holder of that account. Febre Frameworks cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
WARRANTIES AND LIABILITY
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES AND ANY PRODUCTS AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SERVICE AND ANY PRODUCTS AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, FEBRE FRAMEWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS: (A) 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; (B) MAKE NO WARRANTY THAT (I) THE SERVICES AND ANY PRODUCTS AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY PRODUCT, SERVICE, OR INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FEBRE FRAMEWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR AND HEREBY EXPRESSLY DISCLAIM ANY AND ALL ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS, INTERRUPTION OF BUSINESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER WEB SITE(S) YOU MAY ACCESS THROUGH THE SERVICE (IF ANY), CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, LOSS OF GOODWILL, LOSS OF USE, LOSS OF CONTENT OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF OR RELATED TO THE USE OF THE SERVICE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ERROR OR INADEQUACY OF ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (VI) PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY REGULATIONS OR CODES, OR MISAPPROPRIATION; (VII) INJURY TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR ACCESS TO AND USE OF THE SERVICE; (VII) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (VIII) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IX) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER ACTUALLY OR POTENTIALLY HARMFUL CODE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE; (X) YOU SPECIFICALLY ACKNOWLEDGE THAT FEBRE FRAMEWORKS SHALL NOT BE LIABLE FOR (i) ANY CONTRIBUTED USER CONTENT, OR (ii) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; AND/OR (XI) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE AND/OR THE PRODUCTS; 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.
YOU ALSO AGREE THAT FEBRE FRAMEWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, WILL NOT BE LIABLE FOR ANY (A) INTERRUPTION OF BUSINESS, (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE OR OTHER SERVICE(S) YOU ACCESS THROUGH THE SERVICE; (C) CONTENT NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; OR (D) EVENTS BEYOND COMPANY’S REASONABLE CONTROL. DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT SHALL THE LIABILITY OF FEBRE FRAMEWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, IF ANY, TO YOU OR TO ANY THIRD PARTY EXCEED FIFTY DOLLARS ($50.00). YOU SHALL NOT BE ENTITLED UNDER LOCAL LAW OR OTHERWISE TO RECEIVE ANY PAYMENT FROM COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS, WHETHER FOR ACTUAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, COSTS OR EXPENSES AS A RESULT OF EXPIRATION OR TERMINATION OF THE TERMS OR TERMINATION OF YOUR ACCESS TO THE SERVICE, ALL OF WHICH YOU EXPRESSLY WAIVE. YOU ACKNOWLEDGE THAT YOUR ACCEPTANCE OF THIS SECTION HAS MATERIALLY INDUCED COMPANY TO ENTER INTO THE TERMS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, COMPANY’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT FEBRE FRAMEWORKS, ITS OFFICERS, EMPLOYEES, AGENTS, OWNERS, DIRECTORS, OFFICERS, PARENT(S), SUBSIDIARIES, AFFILIATES, CONTRACTORS, AND/OR LICENSORS, SHALL NOT BE LIABLE FOR USER 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.
Indemnification. You shall defend, indemnify, and hold harmless Febre Frameworks, its parent(s), subsidiaries, affiliates, and each of its and their respective employees, contractors, directors, officers, suppliers, agents, licensors, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Site, Services, property, listings, Contributions, or otherwise; (ii) violation of these Terms of Service; (iii) breach of any contract, or other agreement you enter into; (iv) your interactions or transactions with any other User; or (vi) infringement by you, or any third party using your account or identity in connection with this Site and Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Further Releases. You shall and hereby do release us from all liability for you having acquired or not acquired housing through the Site or Services. You hereby release Febre Frameworks, and its parent(s), subsidiaries, affiliates, directors, officers, employees, agents, subsidiaries, affiliates, successors, predecessors, assigns, heirs, service providers, insurers, investors, attorneys, advisors, and suppliers from all claims, demands, and damages of every kind and nature, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to content accessed through the Site or Services, or any interactions with others arising out of or related thereto, and you expressly waive the provisions of any local law.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING, WITHOUT LIMITATION, DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. This dispute resolution provision will be governed by the American Arbitration Association (AAA) rules and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services (JAMS). Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Service.
NO CLASS ACTION. NEITHER YOU NOR FEBRE FRAMEWORKS WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF SERVICE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST FEBRE FRAMEWORKS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of any such relationship you established with Febre Frameworks If any provision(s) of these Terms, of Service including without limitation, the warranty disclaimers and liability limitations set forth above, are found by a court of competent jurisdiction to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. The foregoing does not apply to the prohibition against class or representative actions that is part of the arbitration clause; if that prohibition is found to be unenforceable, the arbitration clause (but only the arbitration clause) shall be null and void.
Governing Law and Jurisdiction. These Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, including its conflicts of law rules, in the United States of America, and the United Nations Convention on Contracts for the International Sale of Goods shall not be applicable hereto. Without limiting the arbitration obligations set forth above, you agree to submit to the jurisdiction and venue of the state and Federal courts of Hillsborough County, Florida for the purposes of these Terms of Service. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
User Disputes. Febre Frameworks reserves the right, without any obligation, to intervene in or monitor disputes between any Site users. You agree to cooperate with and assist us in good faith, and to provide us with such information and take such actions as we may reasonably request, in connection with any disputes involving you. Although Febre Frameworks may moderate content or disputes in our discretion, Febre Frameworks has no authority to legally bind third parties or force them to resolve complaints or disputes. Any efforts or statements made by Febre Frameworks to intervene in or moderate disputes is superseded by this provision, which may not be modified, waived, or released except by a written agreement, dated and signed by the President or Chief Executive Officer of Febre Frameworks and dated and signed by the individual or entity to whom the modification, waiver, or release is granted.
Export Control. By using the Services, you represent and warrant that (i) neither you nor any information or content proposed by you or inputted into the Site, if any, is located in a country that is subject to a U.S. Government embargo, U.S. export control and economic sanctions laws and regulations, which prohibit U.S. companies and their affiliates, like Febre Frameworks from engaging in certain transactions with persons from designated countries or that has been designated by the U.S. Government as a “terrorist supporting” country, which may include but is not limited to, Iran, Cuba, North Korea, Sudan and Syria. and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles or nuclear, chemical, or biological weapons. You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you engaged in any use of the Services, Site, a transaction with Febre Frameworks, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported (a) into any United States embargoed countries; (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List; or (c) into any country or to any person or entity on any similar lists maintained in any applicable jurisdiction.
Feedback. Your feedback, comments and suggestions for improvements to the Services and our business generally (“Feedback”) are welcome. You may submit Feedback by emailing OfiiceManager@FebreFrameworks.com. You acknowledge and agree that all Feedback is and shall be our sole and exclusive property, and you shall and hereby do assign to us all right, title, and interest in and to all Feedback, including, without limitation, all worldwide patent, copyright, trade secret, moral, and other proprietary or intellectual property rights therein, notwithstanding anything else. You will execute documents and take such further acts as we may reasonably request to effectuate the foregoing ownership and rights.
Government Users. All software, if any, licensed pursuant to these Terms and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other users pursuant to these Terms.