Fetcharate

Terms




Legal Disclaimer<p>YOUR USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF USE.</p> <p>This web site, including all of its features and content (this "WebSite") is a service made available by www.Fetcharate.com.com, or its affiliates ("Provider") and all content, information, services and software ordered or provided on or through this Web Site ("Information") may be used solely under the following terms and conditions ("Terms of Use").</p> <p>THIS AGREEMENT ALSO INCLUDES A MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER. Please see the Arbitration and Waiver of Class Action sections below for more information.</p> <p>We reserve the right to change or modify these Terms &amp. Conditions at any time and your continued use of this site will be conditioned upon the Terms &amp. Conditions in force at the time of your use.</p>Terms of Use<p>WebSite Limited License. As a user of this WebSite you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this WebSite and Content in accordance with these Terms of Use. Provider may terminate this license at any time for any reason.Important. Fetcharate.com is not a Service Provider. Leading Service Providers participate in our matching engine who may have products or services available matching the criteria you submit in this interest profile. The information collected is not an application for credit or a loan, nor is it used to pre-qualify you with any Service Provider. There is no cost to submit a request, get matched with a provider and receive offers. You may review the offers and talk to the service providers at no cost. Of course, the service provider you choose may require a fee to continue processing your request, but until you agree to pay the fee, you may stop at no cost. Fetcharate.com does not charge you, the consumer, a fee for its services. Who pays our bills? The service provider. Of course, you will be responsible for paying any costs or fees to the service provider with whom you chose to do business with.</p> <p>This Agreement sets forth the terms and conditions governing the delivery of the Website and is effective as of the date access to such services is delivered to you (“You” or “User”) agree as follows:</p>Indemnification<p>User will indemnify and hold harmless Provider, its officers, directors, employees and agents, and the elected and appointed officials and employees, officers, directors and agents of the governmental and other entities that have contributed information to or provided services for the Network, against any and all direct or indirect losses, claims, demands, expenses (including attorneys' fees) or liabilities of whatever nature or kind arising out of User's access to our site or services.</p>Privacy<p>With respect to personally identifiable information regarding consumers, the parties further agree as follows: Provider recognizes the importance of appropriate privacy protections for consumer data and User agrees that User (including its directors, officers, employees or agents) will comply with privacy rules and regulations and the policies articulated here where applicable:http://www.fetcharate.com/privacy/</p>Disclaimer of Warranties<p>TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, OR THE CORRECTNESS, COMPLETENESS OR CURRENTNESS OF ANY DATA OR RESULTS, WITH RESPECT TO THE INFORMATION, WHICH IS BEING PROVIDED ON AN "AS IS" BASIS. THE ENTIRE RISK ARISING OUT OF USE OF THE INFORMATION AND SUPPORT SERVICES REMAINS WITH THE USER.</p> <p>USER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES THE ASSUMPTION OF A RISK AND THAT NEITHER PROVIDER NOR ANY DATABASE SUPPLIER, IN FURNISHING THE INFORMATION TO THE USER, DOES OR WILL UNDERWRITE THAT RISK IN ANY MANNER WHATSOEVER. THE USER THEREFORE AGREES THAT NEITHER PROVIDER NOR ANY DATABASE SUPPLIER WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY CAUSED IN WHOLE OR IN PART BY PROVIDER'S OR THE DATABASE SUPPLIER'S NEGLIGENCE IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE INFORMATION.</p>Providers Liability<p>IN NO EVENT SHALL PROVIDER OR ANY OF ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES TO OTHER GOODS OR EQUIPMENT, LOST PROFITS, DOWNTIME COSTS, LABOR COST, OVERHEAD COSTS OR CLAIMS OF CUSTOMERS OR CLIENTS OF USER FOR SUCH COSTS. IF, NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON PROVIDER OR ANY THIRD PARTIES, THEN USER AGREES THAT THE AGGREGATE LIABILITY OF PROVIDER AND PROVIDER'S THIRD PARTY SUPPLIERS FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF PROVIDER OR SUCH THIRD PARTY SUPPLIERS IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE LESSER OF THE FEES ACTUALLY PAID BY USER TO PROVIDER FOR THE INFORMATION TO WHICH A GIVEN CLAIM RELATES AND ONE HUNDRED DOLLARS ($100).</p>Arbitration<p>All disputes arising out of or relating to any purchase you make with via this Website, any information you provide via the Website, this T&amp;C (including its formation, performance or alleged breach), and your use of the Website will be exclusively resolved under confidential binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules") then in effect at the time of the dispute. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. If you initiate arbitration, Fetcharate.com will promptly reimburse you for any standard filing fee which may have been required under AAA Rules once you have notified Fetcharate.com in writing and provided a copy of the arbitration proceedings. However, if Fetcharate.com is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys' fees and costs to Fetcharate.com. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. The arbitration will be conducted in the city of Los Angeles, California, but may proceed telephonically if the claimant so chooses.</p> <p>The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this T&amp;C may be joined to an arbitration involving any other party subject to this T&amp;C, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in the state of California to enforce this T&amp;C or prevent an infringement of a third party's rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court.</p>WAIVER OF CLASS ACTION RIGHTS<p>ANY DISPUTES ARISING OUT OF OR RELATING TO ANY PURCHASE YOU MAKE WITH VIA THIS WEBSITE, ANY INFORMATION YOU PROVIDE VIA THE WEBSITE, THIS T&amp;C (INCLUDING ITS FORMATION, PERFORMANCE OR ALLEGED BREACH), AND YOUR USE OF THE WEBSITE SHALL BE SUBMITTED INDIVIDUALLY BY YOU, AND SHALL NOT BE SUBJECT TO ANY CLASS ACTION OR REPRESENTATIVE STATUS. BY ENTERING INTO THIS T&amp;C, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS WITH RESPECT TO ANY CLAIM SUBMITTED TO ARBITRATION. The parties to this arbitration agreement acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties' agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Fetcharate.com IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING AND YOU ARE GIVING UP THE RIGHT TO LITIGATE THROUGH A COURT, OR TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.</p>





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