Last Updated: August 5, 2019
IMPORTANT LEGAL NOTICE:
1. YOUR AGREEMENT TO THESE TERMS
This Website is designed for use by U.S. residents over the age of 18. It is not designed for use by children, and we do not intentionally collect personal information from children through our Website. You must be at least eighteen (18) years of age to have the right to access and use this Website (the “Initial Criteria for Use”).
2. CLICK THROUGH AGREEMENTS
4. REPRESENTATIONS MADE BY YOU
By accessing, browsing, and/or using this Website, you represent, warrant and agree that you are over the age of 18; that you have any and all authorizations as may be necessary to enter into this Agreement; that your use of the Website, including the provision or use of any Content (as defined below), does not violate any applicable law; and that you have read, understood, accept, and agree to be bound by the terms of this Agreement. You also represent and warrant that the information that you provide to us will be current, true, accurate, supportable and complete, and you understand that if you provide incorrect or incomplete information it may affect the value of the Website to you. Additionally, If you are using the Website on behalf of an employer or other entity, your further represent and warrant that you have the authority to bind such entity to the terms of this Agreement.
5. ADDITIONAL USER OBLIGATIONS
In addition, you agree that you will not use the Website to:
(a) upload, download, post, email, transmit or otherwise make available any Content, including through any attachments thereto, that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(b) upload, download, post, email, transmit or otherwise make available, including through any attachments thereto, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation; or
(c) intentionally or unintentionally violate any applicable local, state, national or international law.
6. RESTRICTIONS ON USE
A. LIMITED LICENSE
We do not charge Users of this Website any fee to access the public portions of our Website. Accordingly, we grant each User a limited, revocable, non-exclusive license to access the Website in order to view its Content or make legitimate inquiries to us regarding our Website, and the products and services offered or advertised on our Website, all in accordance with this Agreement.
You are granted permission to use the information provided to you on or via this Website solely for your own personal, non-commercial use. The Content on the Website is made available only for each User’s personal use in accordance with the limited license grant contained herein. All Content on the Website, and the Website itself, is protected by copyright and database rights, and you will abide by any and all additional copyright (or other proprietary) notices, information, or restrictions contained in or relating to any Content on the Website. Other than for your personal, noncommercial use, Content may not be used, reproduced, distributed, published, displayed, downloaded or transmitted in any form by any means without prior written permission of the copyright holder.
Importantly, this limited license does not include any right of collection, aggregation, display or modification of the Website nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided that they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
B. UNAUTHORIZED USE
Any other use of this Website or its Content is expressly prohibited. Except to the extent otherwise provided within this Agreement, or unless otherwise applicable law requires us to allow you to do so, among other things you may not do any of the following without our prior written consent:
You may not:
- Copy, reproduce, upload, post, display, republish, distribute, scrape, capture, store, or transmit any part of the Content in any form whatsoever;
- Reproduce any portion of the Website on your website or otherwise, using any device including, but not limited to, use of a frame or border environment or other framing technique, to enclose any portion or aspect of the Website, or mirror or replicate any portion of the Website;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Website;
- Reverse engineer, disassemble, attempt to derive the source code of, or decompile all or any part of this Website;
- Offer to or actually rent, lease, lend, sell, transfer, redistribute, reproduce, license or sub-license all or any portion of the Website in any form to any third party;
- Use any robot, spider, other automatic device, or manual process to monitor, copy, or keep a database copy of the Content or any portion of the Website;
- Use the Website other than to view its Content or make legitimate inquiries to us regarding our Website, products, and services, as applicable, in accordance with this Agreement;
- Use the Website to create any false or fraudulent account or inquiry;
- Post or transmit any unlawful, harmful, threatening, abusive, harassing, tortious, libelous, defamatory, obscene, vulgar, indecent, inflammatory, sexually explicit, pornographic or profane material, or material that is invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or for any other purpose that is unlawful or prohibited by this Agreement;
- Use or access the Website in any way that, in our sole discretion, adversely affects the performance or function of the Website or any other computer systems or networks used by us or the Website, or infringes on our copyright or on the copyright of our licensors;
- Violate, plagiarize or infringe the rights of us or of any third parties including, without limitation, copyright, trademark or patent rights, rights of publicity or privacy or any other proprietary rights;
- Upload or transmit to the Website or use in connection with the Website any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or in any way disrupt or intercept the normal operation of the Website, or appropriate the Website or any system, or take any action that imposes an unreasonable load on our computer equipment, systems or networks;
- Disguise the origin of any information or inquiry transmitted through the Website; or
- Use or exploit this Website or its Content in any unauthorized or unlawful way whatsoever, including, but not limited to, by trespass or burdening network capacity.
If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s).
If we believe that you are engaging in any activity through or in connection with the Website or our services that appears to be in violation of the above, or in violation of any other provision of this Agreement, we may, without limiting our other rights and remedies, immediately terminate or revoke your right to further use of the Website without notice.
7. OWNERSHIP RIGHTS IN WEBSITE CONTENT
This Website and all of its contents are protected by law, including without limitation, United States copyright law and trademark law, international conventions and other applicable intellectual property law. We reserve all rights in and to this Website and its contents and in all related intellectual property not expressly granted under this Agreement. This Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All text, files, images, photos, maps and other copyrightable material, compilations, and arrangements, contained on this Website, including without limitation the Website’s domain name and the Website itself, (“Content”) is protected by copyright and database rights, and is the exclusive property of Fearless Won or its licensors (as applicable), with all rights reserved unless otherwise noted. Any Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Fearless Won or other third parties used here under license. By way of example and not of limitation, _________ are all trademarks or service marks owned by Fearless Won, some of which may have been registered in the United States. All goodwill arising from the usage of this Content shall inure to our (or our licensors’, as applicable) sole benefit.
Except as expressly provided in this Agreement, your use of any Website Content without the written permission of the Content owner is strictly prohibited. You are also advised that Fearless Won will aggressively enforce its intellectual property rights to the fullest extent of the law, including the pursuit of criminal prosecution.
If you submit comments, suggestions, ratings or other feedback on our Website regarding the Website or your experience (“Feedback”), you agree that we will be free to use such Feedback for any purpose and without restriction or obligation to you.
8. OUR SERVICES
This Website and the products and services offered or advertised on and through the Website may not be available in all states, may vary from state to state, and the availability of such services and the products offered on and through the Website may change from to time without notice. Fearless Won and the products and services offered or advertised on this Website may be discontinued, suspended or terminated in any specific state at any time, without prior notice.
9. CHANGES TO WEBSITE
We may change, remove, suspend or discontinue any aspect of the Website at any time, including the availability of any Website features, database, or Content, with or without notice. We may also impose limits on certain features or services or restrict your access to parts or all of the Website without notice to you or liability to us.
10. DATA TRANSMITTAL
Each User acknowledges and agrees that, regardless of such User’s physical location, we may store and process any data transmitted to the Website from such User at locations both within and outside of the United States. By using the Website, you consent to the transfer of your information to the United States and agree that any transactions you conduct through the Website will be deemed to have occurred in the United States.
11. IDENTITY VERIFICATION
User verification on the Internet is difficult, and we cannot and do not confirm each User’s purported identity. We encourage you to use appropriate caution with anyone with whom you may be doing business via the Website or the Internet, generally.
Certain features and areas of this Website may be available only with registration or login information. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. If you have Personal Login Information associated with your use of our Website, you agree to (i) keep your Personal Login Information secure and strictly confidential, (ii) notify us immediately and select a new online ID and password if you believe your Personal Login Information may have become known to third parties, and (iii) notify us immediately if you are contacted by anyone other than Fearless Won requesting your Personal Login Information. If you give someone your Personal Login Information, you are authorizing that person to access and use your account, and you are responsible for any and all transactions that person performs while using your account, even those transactions that are fraudulent or that you did not intend or want performed. EACH USER ACKNOWLEDGES AND AGREES THAT: (i) NEITHER FEARLESS WON NOR ANY OF ITS AFFILIATE SERVICE PROVIDERS OR SERVICE PROVIDERS’ AGENTS WILL HAVE ANY LIABILITY FOR ANY HARM CAUSED BY OR RELATED TO THE THEFT, MISAPPROPRIATION, DISCLOSURE, OR UNAUTHORIZED USE OF YOUR PERSONAL LOGIN INFORMATION. YOU MUST CONTACT FEARLESS WON IMMEDIATELY IF YOU BECOME AWARE OF OR BELIEVE THERE IS OR MAY HAVE BEEN ANY UNAUTHORIZED USE OF YOUR PERSONAL LOGIN INFORMATION, OR OTHERWISE WISH TO DEACTIVATE YOUR PERSONAL LOGIN INFORMATION DUE TO SECURITY CONCERNS. We may suspend or cancel your account or your access to the Website and/or Fearless Won at any time with or without notice if we suspect that your Personal Login Information is being used in an unauthorized or fraudulent manner.
12. LIMITATION OF LIABILITY
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IN NO EVENT WILL FEARLESS WON, OUR AFFILIATES, MEMBERS, OFFICERS, MANAGERS, EMPLOYEES, CONTRACTORS AND/OR AGENTS (COLLECTIVELY, THE “FEARLESS WON GROUP”) BE LIABLE FOR ANY LOST PROFITS OR DATA OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM OUR WEBSITE, THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE SERVICE AND/OR ANY TRANSACTION BETWEEN YOU AND A VENDOR, GENERALLY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) STRICT LIABILITY, (iv) TORT, (v) NEGLIGENCE, OR (vi) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE SERVICE, IF YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THE FEARLESS WON GROUP OR ANY MEMBER THEREOF, ANOTHER USER, OR THE WEBSITE WITH RESPECT TO THIS AGREEMENT OR THE WEBSITE ITSELF, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITE AND THE SERVICE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE FEARLESS WON GROUP, TO YOU OR TO ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR ANY SERVICE, IN THE AGGREGATE FOR ANY AND ALL CLAIMS, IS LIMITED TO THE GREATER OF (a) THE AMOUNT OF FEES ACTUALLY RECEIVED BY US, DIRECTLY OR INDIRECTLY, FROM A SERVICE PROVIDER DURING THE CALENDAR MONTH DURING WHICH SUCH ALLEGED CLAIM(S) ACCRUED AND (b) $100.00.
THIS WEBSITE AND THE SERVICES PROVIDED HEREIN, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE OR THE SERVICE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE SERVICES, MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
THIS WEBSITE MAY ALSO FEATURE MATERIALS, INFORMATION, ADVERTISEMENTS, PRODUCTS, AND SERVICES PROVIDED BY THIRD PARTIES. ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ARTICLES, PRESS CLIPPINGS, OPINIONS, ADVICE, ADVERTISEMENTS, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION MADE AVAILABLE BY THIRD PARTIES SUCH AS CONTENT PROVIDERS AND OTHER USERS OF THE SITES ARE THOSE OF THE RESPECTIVE THIRD PARTY AND NOT OF FEARLESS WON OR ITS AFFILIATES. FEARLESS WON MAKES NO REPRESENTATION WITH RESPECT TO, NOR DOES IT GUARANTEE OR ENDORSE, THE OPINIONS, QUALITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF SUCH THIRD PARTY MATERIALS, INFORMATION, SERVICES OR PRODUCTS, AND FEARLESS WON SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE PRESENCE OF SUCH THIRD PARTY MATERIALS ON THIS WEBSITE.
THIS WEBSITE MAY ALSO PROVIDE LINKS (INCLUDING ANY LINK THROUGH AN ON-LINE BANNER ADVERTISEMENT) TO OTHER SITES ON THE INTERNET FOR YOUR CONVENIENCE. THESE OTHER SITES ARE MAINTAINED BY THIRD PARTIES OVER WHICH FEARLESS WON EXERCISES NO CONTROL. THE APPEARANCE OF ANY SUCH THIRD PARTY LINKS IS NOT INTENDED TO ENDORSE ANY PARTICULAR ENTITY, SERVICE, OR PRODUCT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY SITES LINKED TO THE SITES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
ADDITIONALLY, PLEASE NOTE THAT WE DO NOT PROVIDE MEDICAL, INSURANCE, TAX, LEGAL OR ANY OTHER FINANCIAL ADVICE. THE ARTICLES AND OTHER CONTENT WE MAKE AVAILABLE ON THIS WEBSITE ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY DO NOT, AND ARE NOT INTENDED TO, SERVE AS A SUBSTITUTE FOR ADVICE FROM DOCTORS, LEGAL COUNSEL OR FROM OTHER PROFESSIONALS. PRODUCTS, SERVICES, TERMS AND DISCOUNTS MAY VARY BY STATE AND EXCLUSIONS MAY APPLY.
FURTHER, WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS AND ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY SERVICES, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND IN SUCH EVENT THE MAXIMUM LIABILITY DUE FROM FEARLESS WON TO YOU FOR ANY SUCH WARRANTY VIOLATION SHALL BE $100.00.
BY YOUR USE OF THIS WEBSITE, YOU ARE AGREEING TO RELEASE AND DISCHARGE THE FEARLESS WON GROUP AND ITS THIRD PARTY SUPPLIERS AND BUSINESS PARTNERS AND EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS AND EXPENSES OF ANY KIND OR NATURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE. ADDITIONALLY, IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
15. GOVERNING LAW; HANDLING OF DISPUTES
This Agreement shall be treated as though it was executed and performed in the Commonwealth of Pennsylvania and shall be governed by and construed in accordance with the laws of the United States of America and Commonwealth of Pennsylvania (without regard to conflict of law principles). SHOULD A DISPUTE ARISE BETWEEN YOU AND FEARLESS WON (OR, WITH RESPECT TO DISPUTES INVOLVING YOUR DATA SUBMITTED THROUGH THE WEBSITE OR THE SERVICE, BETWEEN YOU AND ANY PERSON WHO PURCHASES SUCH DATA) CONCERNING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE BREACH OF SAME BY ANY PARTY HERETO, ANY DATA SUBMITTED BY YOU, THE WEBSITE OR ANY OTHER PRODUCTS OR SERVICES PROVIDED BY FEARLESS WON, YOU AGREE TO SUBMIT THE DISPUTE FOR RESOLUTION BY FINAL AND BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN PHILADELPHIA, PENNSYLVANIA, IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES. THE ARBITRATION WILL BE ADMINISTERED BY A SINGLE ARBITRATOR, WHO WILL BE EMPOWERED TO AWARD ANY FORM OF INDIVIDUAL RELIEF, INCLUDING INJUNCTIVE RELIEF. IN ORDER TO KEEP HEARING COSTS DOWN, HEARINGS MAY, AT YOUR REQUEST, BE CONDUCTED TELEPHONICALLY OR ENTIRELY UPON SUBMISSIONS. HOWEVER, NOTHING HEREIN SHALL BE CONSTRUED TO PRECLUDE FEARLESS WON FROM SEEKING INJUNCTIVE RELIEF IN ORDER TO PROTECT ITS INTELLECTUAL PROPERTY OR TRADE SECRET RIGHTS BY BRINGING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION, INCLUDING THE STATE AND FEDERAL COURTS LOCATED IN PHILADELPHIA, PENNSYLVANIA.
TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT YOU WILL NOT BRING, JOIN OR PARTICIPATE IN ANY CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUIT AS TO ANY CLAIM, DISPUTE OR CONTROVERSY THAT YOU MAY HAVE AGAINST FEARLESS WON OR ITS AFFILIATES AND/OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, REPRESENTATIVES AND ASSIGNS. YOU AGREE TO THE ENTRY OF INJUNCTIVE RELIEF TO STOP SUCH A LAWSUIT OR TO REMOVE YOU AS A PARTICIPANT IN THE SUIT. YOU AGREE TO PAY THE ATTORNEYS’ FEES AND COURT COSTS THAT FEARLESS WON OR ITS AFFILIATES INCUR IN SEEKING SUCH RELIEF. THIS PROVISION PREVENTING YOU FROM BRINGING, JOINING OR PARTICIPATING IN CLASS ACTION, CONSOLIDATED, MULTI-DISTRICT, OR COLLECTIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION LAWSUITS IS AN INDEPENDENT AGREEMENT AND DOES NOT CONSTITUTE A WAIVER OF ANY OF YOUR RIGHTS AND REMEDIES TO PURSUE A CLAIM INDIVIDUALLY AND NOT AS A CLASS ACTION IN BINDING ARBITRATION AS PROVIDED ABOVE.
If any provision contained in this Agreement is determined to be invalid, illegal or unenforceable in any respect under any applicable law, then such provision will be severed and replaced with a new provision that most closely reflects the original meaning of the severed provision while conforming to applicable law, and the remaining provisions of this Agreement will remain in full force and effect. Should a dispute arise between you and Fearless Won and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit brought by Fearless Won to enforce its intellectual property or trade secret rights, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Philadelphia, Pennsylvania, and you hereby consent to the exercise of jurisdiction and venue by such courts. If either party employs attorneys to enforce any right in connection with a dispute or lawsuit, the prevailing party shall be entitled to recover reasonable attorneys’ fees.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD THE FEARLESS WON GROUP AND ITS AFFILIATES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN YOU AND A SERVICE PROVIDER OR SERVICE PROVIDER’S AGENT REGARDING PRODUCTS AND SERVICES), ANY ACT (OR FAILURE TO ACT) BY YOU OR OTHER USERS OF YOUR ACCOUNT OR ANY BREACH BY YOU OF THIS AGREEMENT, OR THE REPRESENTATIONS, WARRANTIES AND COVENANTS MADE BY YOU HEREIN. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY CLAIM. THE FEARLESS WON GROUP RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT IN ANY EVENT SETTLE ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
17. NO AGENCY
The relationship between Fearless Won and each User of the Website is that of independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relations is intended or created by this Agreement or your use of the Website.
Except as explicitly stated otherwise, any notices shall be submitted (in the case of you contacting us) by certified postal mail, return receipt requested, to:
Fearless Won LLC
or, when we need to send you notice, to any email address you may provide to the Website during the registration process or when submitting an inquiry (as applicable). Notice shall be deemed given upon receipt or 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided to us during the registration process or when submitting an inquiry (as applicable).
20. COPYRIGHT INFRINGEMENT
As Fearless Won asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its Users to do so. If you are a copyright owner or an agent thereof and believe that any third-party Content on the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on or available through our Website are covered by a single notification, a representative list of such works at those locations; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Fearless Won to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Fearless Won’s designated Copyright Agent to receive notifications of claimed infringement is Copyright Agent, Fearless Won LLC [insert address]. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Fearless Won’s [customer service]. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. In the event that you believe Fearless Won removed any of your Content in response to a false notice of copyright infringement, you should notify Fearless Won promptly in writing pursuant to the DMCA, at the mailing address provided above. Such notification should include: (i) your physical or electronic signature; (ii) identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (iii) a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (iv) your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the U.S. District Court for the Eastern District of Pennsylvania, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. Furthermore, you should include a clear statement of your acceptance of process pertaining to the notifying party or the agent of the party as defined in the DMCA. If a counter-notice is received by the Copyright Agent, Fearless Won may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider or User, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole and absolute discretion. Fearless Won has a policy of terminating the account of, or denying access or use of the Website to, in its sole and absolute discretion, any User who repeatedly infringes the copyrights or other intellectual property rights of others.
21. LINKS TO THIRD-PARTY SITES
This Website may contain links and pointers to other Internet sites. Such links are provided for your convenience only. Links to and from this Website to other sites, maintained by third parties, do not constitute an endorsement by us of such third-party sites or the contents thereof. We do not control, and are not responsible for any aspect of such third-party sites, including, without limitation, the content or privacy policies on, or the security of, such sites. Without in any way limiting the foregoing, Fearless Won specifically disclaims any responsibility if such sites: (1) infringe any third party’s intellectual property rights; (2) are inaccurate, incomplete or misleading; (3) are not merchantable or fit for a particular purpose; (4) do not provide adequate security; (5) contain viruses or other items of a destructive nature; or (6) are libelous or defamatory. If you establish a link to our Website or to any of the third party sites which may be linked from our website, you do so at your own risk and without our permission. You accept the risk of any consequences or liability which may arise by you linking to our Website or to any third party sites, as referenced above.
22. YOUR RECORD OF THIS AGREEMENT
We do not separately file the Agreement entered into by each User of this Website. Please make a copy of this Agreement for your records by printing and/or saving a downloaded copy of the Agreement on your personal computer.
If you access the Site via your mobile phone (through an iPhone application, for example), we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply.